Can't renew your licence due to a traffic fine? Here's good news

The Road Traffic Infringement Agency (RTIA) has lifted enforcement orders issued for old traffic fines which prevented motorists renewing their vehicle or driving licences.

The agency has agreed to do so after lobbying from the Organisation Undoing Tax Abuse (Outa), which received complaints that traffic authorities are using old fines to issue enforcement orders and demand payment before allowing licence renewals.

In many cases, it appears motorists were never made aware of their outstanding infringement notices, which is required of the authorities.

The civil action organisation says the RTIA was converting infringement notices dating from 2019 into enforcement order status, which blocks the ability to renew vehicle and driver’s licences.

“This is well outside the prescribed time periods stipulated in the Administrative Adjudication of Road Traffic Offences (Aarto) Act,” said Outa executive director advocate Stefanie Fick.

“Whether the RTIA’s failure to comply with its process is attributed to capacity constraints or dubious collection practices is uncertain. Nevertheless, this cannot continue at the expense of motorists, especially in light of the ConCourt judgment giving government the green light to roll out Aarto nationwide.”

Fick said there is a process to be followed once a motorist is issued with a fine.

First, the offender will be issued with an infringement notice to inform him or her of the offence. This notice must contain all relevant information related to the infringement, including the offender must within 32 days of the notice act on it — either by paying or contesting the fine.

Should an infringer fail to act within 32 days, the RTIA must issue and serve a courtesy letter. Only once an infringer has failed to act within 32 days on a courtesy letter may the RTIA issue and serve an enforcement order.

“Where the RTIA has failed to issue and serve the courtesy letter timeously, the RTIA has deprived an infringer of the opportunity to comply with an infringement notice, resulting in a more serious consequence.

“If this is the case, it means the RTIA has failed to follow its own process and cannot merely convert the old infringement notice to an enforcement order. In these circumstances the enforcement order might be considered unlawful and invalid,” said Fick.

“However, setting aside a flawed enforcement order requires time, money and resources — something an infringer should not be burdened with when the administrative flaw is a result of the RTIA’s own conduct.”

Fick said it is concerning that the RTIA and the Aarto system apparently cannot cope with the administrative processes.

“How will they be able to cope with the Aarto Amendment Act that will roll the Aarto system out nationwide and where a demerit system will add even more problems to the mix?”

After being approached by Outa, the RTIA agreed to lift the block on enforcement orders while it investigates the matter.

Outa urged motorists to check regularly whether they have enforcement orders on the Aarto website, especially before they arrange for the renewal of their licences (motor vehicle licences and driving licence cards). If there is an enforcement order issued and they do not agree with it, Outa suggests an application for revocation be made.

The organisation said licence renewals cannot be blocked by outstanding Aarto infringement notices (a fine that has not been converted into an enforcement order). Withholding licence renewals for this reason is not permitted by law and, in the event that happens, the motorist should report this to RTIA and/or Outa and stand their ground if a licencing authority insists they pay outstanding traffic fines before their licence can be issued.

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