Question NW2055 to the Minister of Transport
29 June 2018 - NW2055
Alberts, Mr ADW to ask the Minister of Transport
(1)Whether he has found, in light of the rule that a registered motor vehicle owner may appoint an agent to administer and pay road traffic fines and also formally granted such powers in terms of the National Road Traffic Act, Act 93 of 1996, the Administrative Adjudication of Road Traffic Offenses Act (AARTO), Act 46 of 1998, and the Electronic National Administration Traffic Information System (eNatis), that external road traffic service providers acting on behalf of local governments can also depend on such law prescripts to forward fines and relevant notices to the owners instead of these legally appointed agents; if not, (3) whether he will create legal certainty so that motor vehicle owners can rely on their legally appointed agents to do the necessary administration and payments with regard to road traffic fines; if so, (4) whether he will act against service providers who are constantly in breach in this regard; if not, why not; if so, what are the relevant details?
Reply:
1. The provisions of the National Road Traffic Act, 1996 or the Administrative Adjudication of Road Traffic Offences Act, 1998, do not give any local government the authority for external service providers to forward fines and notices on their behalf.
(3) The National Road Traffic Act, 1996 provides for the appointment of a proxy that must deal with the affairs of the motor vehicle owner particularly in a case where the owner is not a natural person.
(4) There is no need for an action against service providers since there seem to be no transgression of the National Road Traffic Act, 1996.