1. You cannot be forced to pay on the spot
No officer can force you to pay a fine on the spot. Payment must be made to the traffic department, not the officer, and you should receive an official receipt for the payment. The only time you can legally choose to pay your fine immediately is in the situation of a roadblock where there is an official cash facility, but even then, it is your choice, and you cannot be forced to pay on the spot. Any officer insisting on personal payments is acting illegally.
2. There are two types of fines
Section 341 fine: Sent by mail or left under your windscreen wiper. This is when you are caught by a speeding camera or an officer notices your car parked illegally while you are not present. If you don’t pay the fine by the stipulated date, a summons indicating the court date will be issued. This summons must be served on you in person, a notice sent by mail is not a valid summons.
Section 56 fine: Handed to you in person by an officer when you are pulled over or stopped in a roadblock. When you get this fine, it will state by when you need to pay and the fine itself also serves as a summons to appear in court – there is no second follow-up notice. If you don’t pay the fine and don’t show for your court date, the magistrate can issue a warrant for you to be arrested.
3. You cannot be arrested just because of outstanding traffic fines
You can only be arrested for outstanding traffic fines if a warrant for your arrest has been issued by a magistrate. Just having ‘outstanding fines’ against your name is not enough. A warrant for arrest can be issued when you do not pay your fines or show up for your court date. You have the right to insist that the arresting officer show you the warrant. If the officer refuses to do so, your arrest and detention is unlawful, even if there is a valid warrant.
You may also be interested in:
5 things officers may not do at a roadblock
What to do in a car accident
How to get a police clearance certificate
If you have a query, follow Scorpion Legal Protection on Facebook and ask your question during our next Live Q&A (every first Thursday of the month from 11:30- 13:30). *This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.
* This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.