Traffic fines to be cancelled
2009-02-18 08:40
Author: Aldi Schoeman
Johannesburg - Traffic fines for "less serious offences" committed between 1 November 2008 and 11 February 2009 in Johannesburg will be cancelled.
During this period there was a "gap" in legislation because one act had been abolished and the other was not yet in force, said Charin de Beer SC, director of public prosecution, on Tuesday.
The Johannesburg metro police only started enforcing the new legislation on 12 February 2009, whereas it should have been done on 1 November 2008.
The new law is the Administrative Adjudication of Road Traffic Offences Act (Aarto).
Fines for "less serious" traffic offences are issued in terms of Aarto.
In the past all fines were administered through the Criminal Procedure Act. Serious offences are still prosecuted through this act.
Serious offences include driving under the influence of alcohol or narcotics, reckless driving and exceeding the speed limit by more than 40km/h.
De Beer said "certain practical considerations" prevented the implementation of Aarto from 1 November 2008.
But because a proclamation in the Government Gazette stipulates that notices for offences committed under Aarto should be issued under this act from 1 November, fines issued between 1 November 2008 and 11 February 2009 will be cancelled.
Director David Tembe, acting head of the metro police in Johannesburg, said on Tuesday night a decision about how the fines will be cancelled can be expected "within two days".
