Traffic fines older than 18 months to be cancelled (not for JHB and PTA)

The National Prosecuting Authority (NPA) has instructed that all outstanding traffic fines issued, should be cancelled after 18 months if no summons have been issued, in terms of the Criminal Procedure Act.

According to traffic criminologist, Dr Lawrence Barratt this applies countrywide, excluding fines issued in terms of the Administrative Adjudication of Road Traffic Offences (Aarto) Act, which is in effect in Johannesburg and Tshwane.

It applies to section 341 of the Criminal Procedure Act and it does not apply to Section 56.

Dr Lawrence Barratt, traffic criminologist

Section 341 pertains to when you receive an offence notice in the post... the authorities are meant to send it out within 30 days of the alleged offence. They can't send it out on the 31st day because when they send it out on 31st day, it is invalid.

Dr Lawrence Barratt, traffic criminologist

It usually concerns something caught on camera or left on the window. If you have one of those and nothing has happened for 18 months it is now cancelled. But if it is within the 18 months period it is not cancelled, so don't be deceived.

Dr Lawrence Barratt, traffic criminologist

If a summons has been issued, remember that a summons has a life of two years. And if nothing happens for the period of two years from the date of the offence, then the summon is off or cancelled...

Dr Lawrence Barratt, traffic criminologist

To further hear Dr Lawrence Barratt explains the terms of the Criminal Procedure Act, listen below:


This article first appeared on CapeTalk : Traffic fines older than 18 months to be cancelled (not for JHB and PTA)


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