Demerit System Signed into Law





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  1. #1
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    Default Demerit System Signed into Law

    Well there you go, Government has just found another way of collecting revenue easier while making life more difficult for the man on the street.

    New law has been signed off by the President.

    Traffic Fines can now be issued to you via Whats' App, without you even signing for it.
    Demerit points and fines will be allocated to the owner of a vehicle, doesn't matter if it was you driving or not, they issue it to you, then you have to go to court to prove your innocence.

    Like I have business vehicles on my name. If a driver of mine now gets a camera fine, I will lose demerit points off my licence and have a fine issued to me. And if I don't pay it, the new law also makes it legal for government to refuse to issue me a new Drivers Licence or Vehicle Licence Disc if there are outstanding fines, even if it was not me.

    And of course this will do nothing towards making the roads safer.

    https://businesstech.co.za/news/moto...em-is-now-law/

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    Default Re: Demerit System Signed into Law

    Something here does not sound right . How can the proxy of a company be held responsible for infringements the company driver makes .Hell the poor dude can lose all his points in one day

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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by Brannas View Post
    Well there you go, Government has just found another way of collecting revenue easier while making life more difficult for the man on the street.

    New law has been signed off by the President.

    Traffic Fines can now be issued to you via Whats' App, without you even signing for it.
    Demerit points and fines will be allocated to the owner of a vehicle, doesn't matter if it was you driving or not, they issue it to you, then you have to go to court to prove your innocence.

    Like I have business vehicles on my name. If a driver of mine now gets a camera fine, I will lose demerit points off my licence and have a fine issued to me. And if I don't pay it, the new law also makes it legal for government to refuse to issue me a new Drivers Licence or Vehicle Licence Disc if there are outstanding fines, even if it was not me.

    And of course this will do nothing towards making the roads safer.

    https://businesstech.co.za/news/moto...em-is-now-law/
    Kindly don't make up false news...

    authorities will now also be able to serve documents electronically and can send reminders via WhatsApp and SMS;
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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by Brannas View Post
    Like I have business vehicles on my name. [/URL]
    Been down that road, never again. Make an employee you can trust (preferably one without a driving licence) your proxy
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    Default Re: Demerit System Signed into Law

    Just dont allow that number on whatsapp and definitely don't blue tick them
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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by Prof View Post
    Kindly don't make up false news...
    Sorry my fault, by e-mail then, or whatever they mean with "serve documents electronically"

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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by mullerza View Post
    Been down that road, never again. Make an employee you can trust (preferably one without a driving licence) your proxy
    The problem is still that issued fines must be paid, or they can refuse to renew the vehicles' licences.

    You won't believe how many Camera fines I have lying on my desk, that just has the photo of the back of one of our vehicles. So now to who do I allocate it to.

    Must I as small business owner now just pay them all out of my pocket?
    Or do I divide the amount between all the drivers,so I can have CCMA at my door tomorrow.

    Absolutely no thought or proper consultation has gone into this, it is going to be a nightmare for small business owners that have drivers using different vehicles.

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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by Brannas View Post
    The problem is still that issued fines must be paid, or they can refuse to renew the vehicles' licences.

    You won't believe how many Camera fines I have lying on my desk, that just has the photo of the back of one of our vehicles. So now to who do I allocate it to.

    Must I as small business owner now just pay them all out of my pocket?
    Or do I divide the amount between all the drivers,so I can have CCMA at my door tomorrow.

    Absolutely no thought or proper consultation has gone into this, it is going to be a nightmare for small business owners that have drivers using different vehicles.
    They have no right to prevent renewing license on unpaid fines. Only on summons that has not been acted on. Even a summons that has one day to court date is still open.
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    Default Re: Demerit System Signed into Law

    Jouko is correct they cannot stop you from renewing if you have outstanding fines
    Only if an summons have been issued

    Just note though that if a cop has given you the fine at the side of the road initially then it is allot easier to issue an summons


    That initial fine he handed you is enough proof that you received it so they can issue summons if you do not pay that one without sending further notifications
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    Default Re: Demerit System Signed into Law

    The new act refers to section 19(4) of the Electronic Communication and Transactions Act regarding the definition of "electronic service":

    19(4) Where any law requires or permits a person to send a document or information by registered or certified post or similar service, thatrequirement is met if an electronic copy of the document or information is sent to the South African Post Office Limited, is registeredby the said Post Office and sent by that Post Office to the electronic address provided by the sender.

    So if my understanding is correct, the Post Office must sent the electronic document.

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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by Jouko View Post
    They have no right to prevent renewing license on unpaid fines. Only on summons that has not been acted on. Even a summons that has one day to court date is still open.
    That is how it currently is, but according to the article -


    • Failing to pay traffic fines can lead to a block on obtaining driving and vehicle licences and an administrative fee in addition to other penalties;


    So who know what parts of the law has been amended to accommodate this.

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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by LouisF View Post
    The new act refers to section 19(4) of the Electronic Communication and Transactions Act regarding the definition of "electronic service":

    19(4) Where any law requires or permits a person to send a document or information by registered or certified post or similar service, thatrequirement is met if an electronic copy of the document or information is sent to the South African Post Office Limited, is registeredby the said Post Office and sent by that Post Office to the electronic address provided by the sender.

    So if my understanding is correct, the Post Office must sent the electronic document.
    Not sure if this has also changed, as the article states


    • Where documents previously had to be delivered by registered mail through the post office, in terms of the amendment, authorities will now also be able to serve documents electronically and can send reminders via WhatsApp and SMS;


    They state that "authorities will be able to serve", so don't know if the Post Office is a requirement anymore.

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    Default Re: Demerit System Signed into Law

    About time, this is desperately needed.

    Lock all these speedsters up and take their licenses away . It is a privilege to drive on public roads not a right. These irresponsible people endangering everyone life on the roads needs to be accountable for their recklessness.

    Its only law breakers in case who will be moaning and crying over this, if you obey the rules of the road you have nothing to worry about.

    I really hope once this in effect the police will start clamping down on the rules breakers.

    Everyday I see how many motorist driving trough red lights, over stop signs, crossing solid lines, doing 140 km/h down the N1 .....

    It has to stop.

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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by Tiaan Pot View Post
    About time, this is desperately needed.

    Lock all these speedsters up and take their licenses away . It is a privilege to drive on public roads not a right. These irresponsible people endangering everyone life on the roads needs to be accountable for their recklessness.

    Its only law breakers in case who will be moaning and crying over this, if you obey the rules of the road you have nothing to worry about.

    I really hope once this in effect the police will start clamping down on the rules breakers.

    Everyday I see how many motorist driving trough red lights, over stop signs, crossing solid lines, doing 140 km/h down the N1 .....

    It has to stop.
    Do you honestly believe this will improve road safety or driver behaviour at all??

    All this is, is a way to improve the government's revenue stream.

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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by Tiaan Pot View Post
    About time, this is desperately needed.

    Lock all these speedsters up and take their licenses away . It is a privilege to drive on public roads not a right. These irresponsible people endangering everyone life on the roads needs to be accountable for their recklessness.

    Its only law breakers in case who will be moaning and crying over this, if you obey the rules of the road you have nothing to worry about.

    I really hope once this in effect the police will start clamping down on the rules breakers.

    Everyday I see how many motorist driving trough red lights, over stop signs, crossing solid lines, doing 140 km/h down the N1 .....

    It has to stop.
    I think your are being little bit blind there
    You are claiming it is only law breakers who will be moaning
    However what happens when the "cops" do what they did in Gauteng a couple of years ago

    They sat between a highway and a normal road with a 80kmh speed limit
    Then they took pictures of the cars on the highway doing 120 and were sending them fines as though they were in the 80 zone

    Now on the new system it makes it harder to fight this and they can take your license without you ever appearing in court

    And obviously without you having broken any law

    So yes you are being very short sighted here

    Do not get me wrong I agree that the people breaking the law should be nailed
    But it should not be done in a way where they can come and nail people who did not break the law
    This systems removes allot of your ability to defend yourself
    Last edited by Veneficus; 2019/08/16 at 02:17 PM.
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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by Brannas View Post
    Do you honestly believe this will improve road safety or driver behaviour at all??

    All this is, is a way to improve the government's revenue stream.

    I suits me just fine if the government can make loads of additional revenue off law breakers.

    Its rather simple, stick to the rules of road, nothing to worry about. This should be a non issue. The current system is clearly not working. At least this is a step in a direction to try and fix a system that is failing.

    But in true South African fashion we will complain, even if the government is trying to do something good.

    What do you propose, carry on like we are doing now ?

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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by Tiaan Pot View Post
    I suits me just fine if the government can make loads of additional revenue off law breakers.

    Its rather simple, stick to the rules of road, nothing to worry about. This should be a non issue. The current system is clearly not working. At least this is a step in a direction to try and fix a system that is failing.

    But in true South African fashion we will complain, even if the government is trying to do something good.

    What do you propose, carry on like we are doing now ?
    Sorry you do change people into law abiding citizens by creating new laws that removes their rights to prove themselves innocent if they are

    All you do by creating additional laws in a case like this is cause more people to go "Ja well all of these laws are unreasonable so I am just going to ignore all of them"

    2 years down the line half the people on our roads will just be driving without licenses and no number plates on their cars
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    Default Re: Demerit System Signed into Law

    d
    Quote Originally Posted by Veneficus View Post
    Sorry you do change people into law abiding citizens by creating new laws that removes their rights to prove themselves innocent if they are

    All you do by creating additional laws in a case like this is cause more people to go "Ja well all of these laws are unreasonable so I am just going to ignore all of them"

    2 years down the line half the people on our roads will just be driving without licenses and no number plates on their cars
    Not true - half the people on our roads already dont have a drivers licence and/or fake plates.

    Therefore they will continue to not care.
    Last edited by Quiksilver; 2019/08/16 at 02:41 PM.
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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by Tiaan Pot View Post
    I suits me just fine if the government can make loads of additional revenue off law breakers.

    Its rather simple, stick to the rules of road, nothing to worry about. This should be a non issue. The current system is clearly not working. At least this is a step in a direction to try and fix a system that is failing.

    But in true South African fashion we will complain, even if the government is trying to do something good.

    What do you propose, carry on like we are doing now ?
    Obviously you haven't read or haven't understood my previous comments.

    If one of my drivers (employees) gets caught speeding or running a Red Light in any of my vehicles, I am going to be fined and have points taken off my licence, without me breaking the law. Explain how that is fair.

    But I can tell you what is going to happen at small businesses like mine . When the fines caused by my drivers becames a major issue, I will just spend less time calling on my customers, and start doing some deliveries myself. Then I can retrench 2 drivers and sell 2 vehicles. My service will be slower and I might not get so many cold calls for new business done, but at least I have 2 less salaries, vehicle instalments and insurance premiums to pay.

    And when those workers come sit and cry in my office because they cannot feed their families, I will tell them in your words, to "stop complaining in typical South African fashion, because Government is trying to do something good" I am sure that will help them a lot.

    What I propose to make the roads immediately safer is that traffic officers start doing their job properly.

    On one of the roads I use everyday, there is a roadblock almost every Friday. All they have ever checked is Licence Discs and outstanding fines.

    I can drive through that roadblock without a drivers licence, while drunk, in a stolen car with no brakes, smooth tyres, worn shocks and not a single light working. As long as there is a up to date disc on, no problem. What the hell does that help

    Pull people over, check drivers licences, check driver sobriety, check vehicle roadworthyness. That would be a great start.

    But no, we will just take points away from vehicle owners even if it wasn't them, and withold their vehicle licences until they pay whoever's fine it is. I am sure all the Taxi drivers without licences are extremely worried about losing points on the licences they don't have....

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  29. #20
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    Default Re: Demerit System Signed into Law

    Quote Originally Posted by Tiaan Pot View Post
    I suits me just fine if the government can make loads of additional revenue off law breakers.

    Its rather simple, stick to the rules of road, nothing to worry about. This should be a non issue. The current system is clearly not working. At least this is a step in a direction to try and fix a system that is failing.

    But in true South African fashion we will complain, even if the government is trying to do something good.

    What do you propose, carry on like we are doing now ?
    Agree something must be done!You don't understand the implication as they want to enforce the law now!!

    Let cops apply the all the rules that they now ignore and our roads will become much more safer.It is not only speed that kills!!

    My wife will be removed as the proxy for the firm she works for with immediate effect!!They can find another stooge.
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