Question NW3034 to the Minister of Transport
01 November 2018 - NW3034
Alberts, Mr ADW to ask the Minister of Transport
(1) Whether, with reference to his reply to question 2055 on 29 June 2018, it has been made public in the meantime that the municipal councils of Ventersdorp, Ethekwini, Tlokwe, Midvaal and all jurisdictions where Total Client Services Ltd (TLC) operates as service provider on behalf of the municipal authority, have ignored the appointment of an agent (a proxy) and issue fines and summons directly to the owners of motor vehicles, causing perplexing consequences; (2) whether he is taking steps against the authorities and the service provider on the strength of evidence that, in this regard, the National Road Traffic Act, Act 93 of 1996, is violated by them in the manner specified; if not, why not; if so, what are the relevant details; (3) whether the regulation that stipulates that a motor vehicle license has to be renewed within 21 days after it expires is still applicable and whether it has been amended in any way; if not, (a) whether any amendment is envisaged in future and (b) what are the full reasons for this; if so, what (i) is the new regulation and (ii) are the full reasons for the amendment?
Reply:
(1) The issuance of road traffic related fines directly to the owner of the motor vehicle is not in line with the provisions of section 341 of CPA read with the regulation 336 of the National Road Traffic Regulations, 2000. In most instances the relevant prosecutors withdraw the charges as the notice was not properly issued. The Department will engage with the Road Traffic Management Corporation to advise the authorities to issue fines in accordance with the prescripts of legislation.
(2) The matter has not been brought to the attention of the Department, however we will be engaging with the Road Traffic Management Corporation to ensure that such practice is discontinued.
(3) Yes, it is still applicable.
(a) The Department is not considering any proposed amendment of the regulation at this moment.
(b) Based on the reply provided in (a) above (i) and (ii) falls away.