Facts You Should Know About Traffic Fines

The Criminal Procedure Act only has three documents used with respect to traffic fines. These are:


A Notification of Intention to Prosecute

These are called a notice in terms of Section 341 of the Criminal Procedure Act and are issued when the person is not present at the time of issuing, eg parking fines, or when offenses are captured on camera, eg speeding fines.

These must be issued within 30 days of the alleged offence.


A summons in terms of Section 54 of the Criminal Procedure Act

These should follow a Section 341 notice.

A summons MUST be served in person, however the Criminal Procedure Act makes provision for service of a criminal summons on a person other than the person whose name and particulars appear on it.


A summons in terms of Section 56 of the Criminal Procedure Act

These are issued to the alleged infringer at the time of the alleged offence.

A Warrant of Arrest may be executed at any time and in any place that you are found.


Important points to note:

    • Unless you have been summoned to appear in court with an official document and you do not appear as instructed, no matter how old the fine is, you cannot be arrested for not having paid an outstanding traffic fine.


    • Traffic officers may not force a driver to pay an outstanding traffic fine at a road block.


    • If you receive a section 56 notice, you have 30 days to pay the fine.


    • If you receive a section 341 notice, you have approximately three months to pay the fine.


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