The Road Traffic Infringement Agency (RTIA) has temporarily lifted its enforcement order block against drivers with outstanding infringements.
According to the Organisation Undoing Tax Abuse (Outa), they have been inundated with calls from motorists who were unable to renew their drivers licence discs and cards because they had infringements against them that they were unaware of.
Outa executive director, Advocate Stefanie Fick, said some of the notices dated back to 2019 and the drivers were not made aware of the fines - which is the responsibility of RTIA.
Fick urged to check if they have any outstanding traffic fines before they renew their licence discs.
She explained that enforcement orders are loaded against vehicle owners' details on the National Administration Traffic Information System (NaTIS) and the driver is required to make the payment.
Fick added that whether it is the RTIA's failure to comply with its process is attributed to capacity constraints or dubious collection practices, is uncertain.
Nevertheless, the process cannot continue at the expense of motorists, especially in light of the Constitutional Court's judgment giving government the green light to roll out the Administrative Adjudication of Road Traffic Offences Act (Aarto).
Fick said there is a certain process to be followed once a motorist is issued with a fine for a traffic offence.
She said the infringer will be issued with an infringement notice and informed of the consequences. Only once an infringer has failed to act within 32 days on a courtesy letter, many 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 that 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 to be unlawful and invalid," Fick said.
She said 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.
"It is concerning that the RTIA and the Aarto system apparently cannot cope with the administrative processes as it currently stands. 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," Fick said.
She said Outa has written to the RTIA and asked them to intervene.
"After having recently engaged with the RTIA on this matter, RTIA advised Outa that it is investigating the allegations received and until such time as the investigation is concluded, the RTIA will lift the block on all enforcement orders issued. Outa urges motorists to check regularly whether they have enforcement orders on the AARTO website and follow the steps, especially before they arrange for the renewal of their licences, both motor vehicle licences and driving licence cards. If there is an enforcement order issued and they do not agree with it, OUTA suggests that an application for revocation be made to remedy the situation," Fick said.
Fick warned that licence renewals cannot be blocked by outstanding Aarto infringement notices.
She said 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 their outstanding traffic fines before their licence can be issued.
"Furthermore, following our meeting with the RTIA we were assured us that all enforcement order blocks on their system will be lifted, until such time as they have completed their internal investigation into this matter. This needs to be pointed out to the issuing authority who may try to prevent motorists from renewing their licences.
“It is also important for motorists to know that they cannot be arrested for outstanding traffic infringements, unless there is a warrant of arrest which must be produced to the motorist by the official claiming to be in possession thereof," she said.
IOL