Monday, November 30, 2015
CAN THE TRAFFIC DEPARTMENT WITHHOLD CAR LICENCES DUE TO UNPAID FINES? | WITH FURY FORD SANDTON
There have been some reported cases of motorists being told that they cannot renew their car license due to the fact that they have outstanding fines on their vehicle.
There can be some confusion with respect to when a licensing authority may lawfully withhold a licence disc. There are currently four instances where a licence disc may lawfully be withheld and these are:
When there are outstanding licensing fees or penalties on those outstanding licensing fees present for any vehicle registered in the name of the licensee;
The vehicle in question has been suspended due to a roadworthy issue or requires a roadworthy certificate to be issued before a licence disc may be issued;
When a warrant of arrest has been issued against the licensee; or
When an AARTO Enforcement Order has been issued against the licensee.
The practice of withholding licence discs due to the existence of outstanding traffic fines issued under either the Criminal Procedure or AARTO Act or unpaid e-tolls is unlawful.
Of late, there have been multiple claims that licence discs are being withheld due to outstanding e-tolls existing against the licensee’s name and this too is completely unlawful since the legislation governing e-tolls makes no provision for this.
For more information visit: jp-sa.org/LicenceDiscs.asp