Key Points: Last month, there was an incident in Johannesburg where a Japanese national driving a company vehicle was stopped by police who claimed there were unpaid traffic fines from the past and demanded payment. Based on this incident, the consulate confirmed with senior officers from the Johannesburg City Police, and the following explanations were provided. Please consider these along with the measures below.
Details:
- Explanation from Johannesburg City Police:
(1) Obligation to Pay Traffic Fines:
- a. When a driver operates a company-owned vehicle and is captured by a speed camera for a traffic violation, the obligation to pay the fine is recorded against the vehicle (license plate). Therefore, the company that owns the vehicle is responsible for the payment.
- b. The company can investigate who was using the vehicle and provide evidence to the police, allowing the police to change the responsibility for the violation from the company to the individual driver.
- c. However, if the vehicle was in poor condition, both the driver and the company will be liable for the fine.
(2) Mobile Fine Collection System:
- a. Due to high rates of unpaid traffic fines in South Africa, large buses equipped with systems to accept fine payments on-site are used, allowing immediate payment.
- b. To counter bribery, only card payments are accepted; if cash is requested, it is likely an attempt to solicit a bribe.
- c. If payment is not made on the spot, the driver will need to discuss future payment options.
(3) Arrest Related to Traffic Violations:
- Typically, police do not arrest drivers on the spot for ordinary traffic violations. However, arrests may occur in the following cases:
- Exceeding the speed limit by more than 40 km/h
- Driving under the influence of alcohol or drugs
- Driving without a license
- Dangerous driving behavior (e.g., repeatedly running red lights)
- An arrest warrant has been issued for the driver
- A court-issued summons is outstanding
- Specific Measures:
(1) Traffic violations recorded against a vehicle remain in the system until paid, so drivers may be stopped and required to pay fines at checkpoints. Clearing any outstanding fines is considered effective in avoiding trouble.
(2) If asked to pay for past violations, report this to the company and inform the police that payment will be made later.
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