How do you calculate fines on speeding? Why do companies pay more?
Essentially the fines for speeding under AARTO infringement notices are calculated as follows:
This is the table that is applicable under the current AARTO regulations and does not take into account the National Road Traffic Amendment Act which now makes speeds over 30 km/h over the speed limit in an urban area and speeds of over 40 km/h over the speed limit outside of an urban area, as well as on freeways criminal offences for which the offender will be arrested and charged with a criminal offence. Additionally, the Minister of Transport has stated that persons convicted of these offences should have their driving licences suspended immediately on conviction. This clashes with the AARTO legislation which only caters for 6 points to be recorded on conviction – that is when the points-demerit system comes into play.
With respect to fines to juristic persons (companies etc.) being issued at three times the penalty value applicable to a natural person, regulation 10(3) makes provision for this and is linked with regulation 24(10) which has it that a proxy of a company cannot lose their licence in one fowl swoop because fines are incurred by people who drive company vehicles. The problem with the regulations is that they do not actually insist that a company proxy should nominate the driver concerned on an AARTO 07 form, which is what they should say instead of chasing the big bucks.
If a company receives a fine for one of their staff driving a company vehicle, they should always redirect the fine to the person concerned by nominating that person and they should never deduct fines from employees’ salaries! Doing so is tantamount to theft and defeating the ends of justice as it is not legal for a third party to admit or plead guilty for someone else’s transgression, but companies do it all the time and in doing so, violate the constitution of the Republic of South Africa.
National Chairman – Justice Project South Africa (NPC)