Home Did you know? What is the law on “unmanned” or unattended speed cameras?

What is the law on “unmanned” or unattended speed cameras?

by jonckie@arrivealive.co.za

Question:

I have heard that movable speed camera must manned and not left unattended, is that true? Apparently, it was implemented in Nelspruit and Malelane and after a while withdrawn due to the legal issues.

Such a system has now been implemented in Witbank, 22 cameras, and is creating havoc. I traced 2 fines on the “pay my fine” web page, but it do not have any court date displayed. Even if you go to the traffic department they give you a document with the court date indicated as “N/A” and my logic tell me that I have till the court date to pay admission of guilt. I have also not yet received any notification to date. On the one fine date, I was not even in Witbank, I stay in Middelburg Mpumalanga. I just feel that the implementation of such a system is not fair even if it help with law enforcement, but they should pay more attention to traffic sign violation, like stop streets and robots.

Answer:

  1. Although the use of unattended portable cameras was previously forbidden, this changed almost six years ago, in December 2012 when the TCSP guidelines were updated.
  2. Traffic fines issued in terms of Section 341 of the Criminal Procedure Act will never have a court date since they are fines which may be paid in order to avoid formal prosecution. Only of that notification is escalated to a summons in terms of Section 54 of the Criminal Procedure Act will a court date become applicable.
  3. I am also of the view that speed cameras are practically useless in promoting the objectives of road safety. This does not mean that I am opposed to speed enforcement, in fact, if every person who exceeded the speed limit were to be stopped and have a fine issued to them at the time of the alleged offence, I would be one of the happiest people on the planet. Sadly however, speed trapping by camera is a marvellous revenue generator for municipalities who have zero interest in road safety and an insatiable appetite for money.

Best Regards,

Howard Dembovsky

Chairman – Justice Project South Africa (NPC)

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