In South Africa, traffic fines are issued for a variety of offenses, including speeding, reckless driving, driving under the influence of alcohol, and failure to obey the rules of the road. The amount of the fine is typically determined by the severity of the offense. Scorpion Legal Protection answers some commonly asked questions relating to traffic fines and the law, including what happens if you don’t pay yours.
There are two types of traffic fines:
- Section 56 Notice: Issued by a traffic officer and usually involves an offence that happened while the vehicle was moving. You have 14 days to pay and will need to attend court on the appointed date, which will be within 4 months.
- Section 341 Traffic Ticket: Sent to a motorist by post for violations caught on a traffic camera. It doesn't have a court date on it but is the first of two notices before the summons. If you fail to pay your fine after the notice, you'll receive a summons.
What happens if you don’t pay your traffic fine?
Drivers who receive a traffic fine have the option to either pay the fine or to contest it in court and have the fine reduced or dismissed. Failure to pay the fine or arrange a consultation with a prosecutor can result in legal action, which can include additional penalties, fines, suspension of your driver's license or even jail time.
How to get your traffic fine reduced or scrapped
Not all fines can be reduced or scrapped – this depends on the severity of the offence. However, you can send a motivation letter to the issuing traffic department (the fine should have these details on it). In this letter, you can explain why you feel you deserve a reduction, or to get the fine scrapped entirely if there was some kind of error. For example, you are no longer the owner of the car, you were not the one driving (but you are the owner), there was a medical emergency, there are incorrect details on the fine, or you are unemployed. You will need to provide proof for any claims you make.
Make sure you do this before the fine’s payment date, or the matter can become more complicated. Do not skip out on court dates – a warrant can be issued for your arrest if you do.
The prosecutor will then decide if he/she wants to prosecute the matter further. If the prosecutor decides to prosecute, the matter will be set in front of a judge, who will determine the amount that needs to be paid.
Do traffic fines expire?
Yes, traffic fines do expire in South Africa but only under one condition: 18 months have passed and no summons has been issued. This comes directly from the National Prosecuting Authority (NPA), which has issued the countrywide instruction in terms of the Criminal Procedure Act (CPA).
Scorpion can advise you on whether or not it’s worth applying for a reduction or scrapping of your fine, and advise you on the process and how to submit your supporting documents, etc. Get legal protection now. Join Scorpion.
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*This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.