Can you get arrested?
The question is, “Can I get arrested for not paying my traffic fine?”. The answer to this is stipulated in the AARTO- The Administrative Adjudication of Road Traffic Offences Act, which was rendered null and void by the Pretoria High Court in 2022, therefore resulting in the answer being: “No, you cannot be arrested for not paying your traffic fine.”
An Unpaid Traffic Fine Cannot Lend You In Jail:
A provision in the AARTO Act has been removed, this implies that it is unlawful to issue a warrant of arrest to a motorist who has not paid their traffic fines.
The Legal Mechanism For Compliance:
An enforcement letter is sent to a motorist to ensure that he/she fulfills the obligation to pay their remaining/unpaid traffic fine. As per the updated AARTOO procedure, a motorist who fails to comply with paying off their traffic fine will receive an infringement notice. In the scenario that the outstanding traffic fine isn’t paid off within the prescribed time frame, a courtesy letter requesting the motorist to pay the outstanding amount plus an additional administration fee will be sent. As a last resort, an enforcement order will be issued given that the motorist hasn’t responded/acted upon the courtesy letter.
Please note that the AARTO Act doesn’t constitute any right or authority to arrest a non-compliant motorist in the context of unpaid traffic fines. There is no law that directs/allows traffic officers to stop motorists from continuing with their drive if they have not paid their outstanding traffic fines.
Stopped at a Roadblock?
Please note that as long as your driver’s license and vehicle license are valid and up to date at the time of the roadblock, regardless of your unpaid speeding/parking fines, the traffic officers are not allowed to force you to pay or arrest you for unpaid traffic fines.
Get in touch with Manzankosi Corporate Legal Consultancy:
Do you believe that you have been unlawfully forced to pay a traffic fine or arrested unlawfully for failure to pay your outstanding traffic fines? Manzankosi Corporate Legal Consultancy is here to assist you. Contact us on 067 147 2333 or alternatively, 081 712 1114 or email info@manzankosiclc.co.za.
