Can a licensing authority refuse to renew a car license because of any outstanding fines ?

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Question:

Are there any possibility that a licensing authority can refuse to renew a car license because of any outstanding fines ?

Answer:

Yes there are but it must be made clear that this does not extend to traffic fines that have not reached legislated stages.

These stages are as follows:

• If an Enforcement Order has been issued in terms of the AARTO Act; or


• If a Warrant of Arrest has been issued in terms of the Criminal Procedure Act.

If you get an R114 statement of account from the licensing authority, you will note that it lists traffic fines, as well as licensing fees and penalties. Most commonly, licensing transactions are blocked because outstanding licensing fees and penalties thereon exist.

Regulation 59 of the National Road Traffic Regulations state the following

59. Arrear fees for licensing of motor vehicle or motor trade number

(1) If application is made for the licensing of a motor vehicle or motor trade number in a month following the

month in which liability for the licensing of such motor vehicle or motor trade number arose, arrear licence fees,

calculated at one twelfth per month of the annual licence fees from the first day of the month in which liability for

such licensing arose until the last day of the month preceding the month in which application is made, shall be

(2) If a person who owes any penalties or fees in terms of the provisions of this Act to any registering

authority or driving licence testing centre, applies for any transaction, the registering authority or driving licence

testing centre to whom such application is made, may refuse to effect the transaction applied for or, in the case of

an application for the licensing of a motor vehicle at a registering authority, refuse to issue a licence disc to the

applicant, until such penalties and fees have been paid, and may apply any amount tendered in settlement of such

penalties and fees due.

[Subr.(2) substituted by r. 25, GNR.1341 of 23 September 2003 w.e.f. 23 July 2004.]

(3) If a person who has committed an offence in terms of this Act failed to appear in a Court of Law and as a

result of such failure a warrant of arrest of such person has been issued, applies for any transaction, the registering

authority or driving licence testing centre to whom such application is made, may refuse to effect the transaction

applied for or, in the case of an application for the licensing of a motor vehicle at a registering authority, the

registering authority may refuse to issue a licence disc to the applicant.

[Subr.3 inserted by r. 16, GNR.404 w.e.f. 4 May 2007.]

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In simple terms, what this all means is that licensing transactions may be refused if:

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• Outstanding licensing fees and/or penalties on licensing fees exist;


• If a Warrant of Arrest has been issued against the name of the registered owner; and/or


• If an AARTO Enforcement Order been issued against the name of the registered owner.

A licence disc may also be withheld if the vehicle in question does not have a valid roadworthy certificate.

Licensing authorities MAY NOT withhold a licensing transaction because there are “outstanding traffic fines”. They may inform the alleged offender that they exist, but that’s about it.

But because eNaTIS automatically withholds licence discs when other conditions exist, licensing authorities who are part of the traffic authorities in the municipalities they operate, incorrectly tell people that it is the outstanding traffic fines that are causing the licence disk or other licensing transaction not being allowed. Effectively, the con people into believing that this is so, instead of being honest. It’s a very sad situation.

Best Regards,

Howard Dembovsky

National Chairman – Justice Project South Africa (NPC)

Can a licensing authority refuse to renew a car license because of any outstanding fines ?

What authority manages the speed limits where drivers approach towns?

Question:

Please advise what authority manages the speed limits when approaching towns on this road, is it a national, provincial or municipal road authority? I ask because the variance between towns is impossible to keep in touch with, while driving over the 5 or 6 hours it takes to get from Grabouw to Plettenberg Bay. There are signs ranging from 60/70/80/90/100 and finally 120kph speed limits, all while driving on the N2. They have mobile cameras in every town so that even the most law abiding driver with speed control can be caught speeding if he does not notice a sign giving a new speed limit.

For example, Riversdale imposes a 90kph speed limit for 8kms outside the town and it is all through farming land on a beautiful wide road, while Riviersonderend allows 120kph immediately one leaves town and is no more difficult than  Riversdale. It appears as if the local traffic dept. are bent on collecting fines by this means and it is not a fair system and creates driver frustration, which leads to the accidents they are trying to avoid, even if they happen 10kms away when overtaking badly because their mind is still on the speeding fine they think they got trapped for.

Answer:

Traffic departments are allowed to post their own speed limits depending on the traffic conditions. As the signs display the speed limit the driver must adhere to the specific limit. Camera prosecutions may only be instituted if the Prosecuting authority in the area allows it. They have certain criteria that must be complied with.

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What authority manages the speed limits where drivers approach towns?