Question: 

I received a fine with no picture would like to know if there should be a be a picture?

Answer:

There is nothing in the TCSP guidelines that makes it compulsory to include an image of the alleged offence on a traffic fine.

What the latest TCSP guidelines do say however is that “if requested, a copy of the relevant photograph/image must be supplied free of charge to the alleged offender or licensed owner of the vehicle”.

You are therefore fully within your rights (and crazy if you don’t) to contact the issuing authority and get a copy of the relevant image so as to make certain that it was in fact your vehicle that was photographed committing the alleged offence.  Please note that it is a physical requirement that the said image contains at least the following information on it:

If it is a speed offence:

(i) the date of offence;

(ii) the time of offence;

(iii) the speed measured, and

(iv) the location description

Furthermore, the vehicle must be clearly identifiable as the offending vehicle.

If it is a traffic light offence:

(a) the photograph/image shall at least record the following for traffic light violation monitoring equipment –

(i) date of offence;

(ii) time of offence;

(iii) the yellow interval time of the traffic light preceding the red-light time;

(iv) the elapsed red-light time at time of the photograph/image;

(v) a view of the whole width of the traffic lane(s) and intersection;

(vi) at least one functioning traffic light must be visible in the photograph / image indicating the interval of the intersection.

 

(b) at least two photographs/images indicating the position of the vehicle of the accused must be taken –

(i) the first image must show the vehicle approaching or entering the intersection after a delay time has lapsed at the start of the red-interval of the intersection;

(ii) at least a second image taken a fixed time or distance from the first image indicating the vehicle moving through the intersection during the red interval; and the location description.

 

If any one or more of these details are missing on the image, it may not be used for prosecution purposes and you are fully entitled to demand that the fine be withdrawn.

 

Best Regards,

Howard Dembovsky

National Chairman – Justice Project South Africa (NPC)

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One thought on “Is it required that there be a photo attached with my traffic fine?

  1. Irnest

    The photo on the bottom of this article is of a section 56, thus the info in this letter is not applicable. A section 56 is a direct summons because a officer physically caught you contravening. If it was a letter in the post i.e. section 341 the info supplied applies.

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