Consumer rights watchdog clears up confusion over licence disc renewals
by Staff Writer,
2015-07-05 12:11:52.0
IF PEOPLE are being refused licence disc renewals for their vehicles it is not because of outstanding e-tolls‚ according to the consumer rights organisation Justice Project South Africa (JPSA).
The organisation said on Sunday that it had become aware of cases of vehicle licence disc renewals being refused and that misinformation and often outrageous explanations as to why this was happening were prolific.
"This misinformation has taken various forms the latest of which is saying that the transaction is being refused on the basis of outstanding e-tolls‚" the consumer rights watchdog said.
However‚ it pointed out that the required changes to enable the withholding of licence discs for e-toll debt had not yet been made.
"The fact is that this legislative change will have to be published for public comment prior to enacting it and‚ at that time‚ it will be vigorously challenged by JPSA‚" the organisation asserted in a statement.
"The misinformation doing the rounds is not limited to e-tolls however and whilst some of it originates from licensing authorities who tell people that they must settle all of their traffic fines before they can get their licence disc — which is not true — counter staff at the South African Post Office tend to send motorists into a flat spin by informing them that there is a warrant of arrest out for them‚" JPSA added.
While the existence of a warrant of arrest was one of the reasons that a licence disc might be withheld‚ it said‚ it was far from the only reason and was in fact the least common reason for this happening.
The real reasons for licence disc renewals to be lawfully and automatically refused by the eNaTIS system was one or more of the following:
• The existence of licensing arrears and penalties thereon for any vehicle‚ whether motorised or not registered in the name of the motorist;
• The lack of a roadworthy certificate where this is required;
• The existence of an enforcement order issued under the AARTO Act; and/or
• The existence of a warrant of arrest issued under the Criminal Procedure Act‚ except that this type of administrative block is more prevalent in Cape Town than anywhere else in the country.
"By far‚ the most prolific reason for the refusal of any licensing transactions is the existence of an enforcement order issued under the AARTO Act. The Road Traffic Infringement Agency (RTIA)‚ which previously failed to escalate infringement notices to courtesy letters and then to enforcement orders has been issuing enforcement orders at an alarming rate for at least the past four months and people who have become used to ignoring their traffic fines have found themselves falling foul of this.
"The effect of an enforcement order under the AARTO Act is to block all licensing transactions‚ including licence disc and driving licence renewal‚ vehicle transfers and new vehicle registrations. The existence of a single enforcement order is sufficient to block all licensing transactions for all vehicles registered in the name of the person or entity against whom it has been issued.
"While any person may make application for the revocation of an enforcement order‚ this process is tedious and as far as we are aware‚ few applications are successful‚" JPSA said.
It added that no motorist was compelled to admit guilt by paying any traffic fine‚ and therefore they did not have to "settle all of their fines" before renewing their licence disc.
RDM News Wire
Picture: DAILY DISPATCH
IF PEOPLE are being refused licence disc renewals for their vehicles it is not because of outstanding e-tolls‚ according to the consumer rights organisation Justice Project South Africa (JPSA).
The organisation said on Sunday that it had become aware of cases of vehicle licence disc renewals being refused and that misinformation and often outrageous explanations as to why this was happening were prolific.
"This misinformation has taken various forms the latest of which is saying that the transaction is being refused on the basis of outstanding e-tolls‚" the consumer rights watchdog said.
However‚ it pointed out that the required changes to enable the withholding of licence discs for e-toll debt had not yet been made.
"The fact is that this legislative change will have to be published for public comment prior to enacting it and‚ at that time‚ it will be vigorously challenged by JPSA‚" the organisation asserted in a statement.
"The misinformation doing the rounds is not limited to e-tolls however and whilst some of it originates from licensing authorities who tell people that they must settle all of their traffic fines before they can get their licence disc — which is not true — counter staff at the South African Post Office tend to send motorists into a flat spin by informing them that there is a warrant of arrest out for them‚" JPSA added.
While the existence of a warrant of arrest was one of the reasons that a licence disc might be withheld‚ it said‚ it was far from the only reason and was in fact the least common reason for this happening.
The real reasons for licence disc renewals to be lawfully and automatically refused by the eNaTIS system was one or more of the following:
• The existence of licensing arrears and penalties thereon for any vehicle‚ whether motorised or not registered in the name of the motorist;
• The lack of a roadworthy certificate where this is required;
• The existence of an enforcement order issued under the AARTO Act; and/or
• The existence of a warrant of arrest issued under the Criminal Procedure Act‚ except that this type of administrative block is more prevalent in Cape Town than anywhere else in the country.
"By far‚ the most prolific reason for the refusal of any licensing transactions is the existence of an enforcement order issued under the AARTO Act. The Road Traffic Infringement Agency (RTIA)‚ which previously failed to escalate infringement notices to courtesy letters and then to enforcement orders has been issuing enforcement orders at an alarming rate for at least the past four months and people who have become used to ignoring their traffic fines have found themselves falling foul of this.
"The effect of an enforcement order under the AARTO Act is to block all licensing transactions‚ including licence disc and driving licence renewal‚ vehicle transfers and new vehicle registrations. The existence of a single enforcement order is sufficient to block all licensing transactions for all vehicles registered in the name of the person or entity against whom it has been issued.
"While any person may make application for the revocation of an enforcement order‚ this process is tedious and as far as we are aware‚ few applications are successful‚" JPSA said.
It added that no motorist was compelled to admit guilt by paying any traffic fine‚ and therefore they did not have to "settle all of their fines" before renewing their licence disc.
RDM News Wire
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