A traffic fine can be withdrawn in cases where only a notice was issued for the violation, but 18 months after the offence was committed, a summons was never issued and served on the offender.
Representation for discount:
In terms of the Criminal Procedure Act, a traffic violation can be reduced by way of representation but only if the Proxy of the company in question has given the representative special power of attorney to do so.
In terms of AARTO, a natural and/or juristic person will only be able to qualify for a discounted amount within the first 32 days of the first notice being sent to the responsible person ie, the Owner of the vehicle or the Proxy of the juristic person by means of registered post, email, sms, whatsapp ect.
Once a company has not paid it's fines and an enforcement order is issued against that company’s BRN number or against the proxy’s ID Number, then said company’s rights to license renewals or issuing of new licenses can be revoked until the outstanding fines are paid.
Companies will have to closely monitor their driver’s demerit point status.
If an accident occurs with a driver with 12 demerits, there is a high probability that the insurance company will repudiate the insurance claim.
If fines are not paid and a warrant of execution is issued on a company’s BRN or the Proxy, the sheriff can show up at the offices and/or depots, write-up property belonging to the company and sell it on open auction to settle the outstanding fine amounts;
If a vehicle, with outstanding fines and/or warrants is pulled over and/or the driver has reached his quota of demerits is pulled over, police can impound that vehicle with its entire haulage until the outstanding fine amounts are settled.
It is of great importance to ensure that the proper HR processes are in place to assure that the company is at all time aware of which driver is driving which vehicle.
When a fine is redirected to the specific driver who committed the offence, the proxy must depose in an affidavit where he swears, under oath, that the driver was the offender and therefore the fine should be redirected to the driver who committed the offence.
If the wrong driver is nominated and that fine is erroneously redirected, the aggrieved party can open a case of fraud against the Proxy at SAPS as he lied under oath in his affidavit.