Despite a Pretoria High Court judgment criticising the practices of the Road Traffic Infringement Agency‚ the judge did not rule that all similar AARTO infringement notices issued since 2008 must be scrapped.
This is according to Howard Dembovsky‚ national chairman of Justice Project South Africa.
Judge Bill Prinsloo on Friday ruled in favour of traffic fines management company Fines 4 U (Pty) Ltd and Audi Centre Johannesburg in an application brought against the former Deputy Registrar of the Agency and eight other parties. Central to the case was that the agency has to comply with a specified process under the Administrative Adjudication of Road Traffic Offences Act‚ which involves a courtesy letter offering a motorist a chance to pay a fine timeously followed by an enforcement letter sent by registered mail. Fines 4 U argued not all the processes as specified by law were followed. Click here to read the judgment:
Dembovsky cautioned this does not mean all fines will be scrapped.
““Whilst this judgment augers well for other people and entities who have suffered similar abuses by the RTIA‚ the Judge did not rule and could not have ruled that all similar representations and affected AARTO infringement notices issued since 2008 must be scrapped since this Review Judgment was granted only to Fines 4 U and Audi Centre Johannesburg and was specific to the 415 affected infringement notices‚” he said.
“Any other person who feels that they have been wronged by the Agency and/or the issuing authorities which are compelled to operate within the framework of the AARTO Act will therefore not see their traffic fines being automatically scrapped as a result of this judgment since it was granted exclusively to Fines 4 U and Audi Centre Johannesburg.”
Dembovsky said‚ “What it does mean‚ however‚ is that all similarly affected persons and entities are fully entitled to cite this reportable decided case in making representations to the RTIA.”
The judgment could also affect the application that JPSA has brought in the Pretoria High Court regarding the service of AARTO documents required to be served by ‘registered mail’ by issuing authorities and the RTIA‚ he added.
Your traffic fine will not automatically be scrapped‚ despite court ruling on Aarto
Despite a Pretoria High Court judgment criticising the practices of the Road Traffic Infringement Agency‚ the judge did not rule that all similar AARTO infringement notices issued since 2008 must be scrapped.
This is according to Howard Dembovsky‚ national chairman of Justice Project South Africa.
Judge Bill Prinsloo on Friday ruled in favour of traffic fines management company Fines 4 U (Pty) Ltd and Audi Centre Johannesburg in an application brought against the former Deputy Registrar of the Agency and eight other parties. Central to the case was that the agency has to comply with a specified process under the Administrative Adjudication of Road Traffic Offences Act‚ which involves a courtesy letter offering a motorist a chance to pay a fine timeously followed by an enforcement letter sent by registered mail. Fines 4 U argued not all the processes as specified by law were followed. Click here to read the judgment:
Dembovsky cautioned this does not mean all fines will be scrapped.
““Whilst this judgment augers well for other people and entities who have suffered similar abuses by the RTIA‚ the Judge did not rule and could not have ruled that all similar representations and affected AARTO infringement notices issued since 2008 must be scrapped since this Review Judgment was granted only to Fines 4 U and Audi Centre Johannesburg and was specific to the 415 affected infringement notices‚” he said.
“Any other person who feels that they have been wronged by the Agency and/or the issuing authorities which are compelled to operate within the framework of the AARTO Act will therefore not see their traffic fines being automatically scrapped as a result of this judgment since it was granted exclusively to Fines 4 U and Audi Centre Johannesburg.”
Dembovsky said‚ “What it does mean‚ however‚ is that all similarly affected persons and entities are fully entitled to cite this reportable decided case in making representations to the RTIA.”
The judgment could also affect the application that JPSA has brought in the Pretoria High Court regarding the service of AARTO documents required to be served by ‘registered mail’ by issuing authorities and the RTIA‚ he added.
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