Minor Offences Fixed Penalty Decree |03 February 2022
ASP Denousse
Increase in fixed penalties to act as deterrent
As of February 1, 2022,several amendments in the Minor Offences Decree and Minor Offences Regulations have been made with the main aim of minimising traffic-related offences, while making public roads a safer place for both drivers and pedestrians.
Spot fines for minor offences have gone up from R200 to R1,000, while illegal parking fine is now R500, compared to R200 before.
A new component, precisely loud music in vehicles, has been added to the list of minor offences, in cases where it causes disturbance or annoyance to the public.
According to the department of land transport, the changes – under the Minor Offences (Fixed Penalties) (Amendment) Regulations, 2021 – are purely to act as deterrent and not a mean for the government to collect extra income.
The spot fines or fixed penalties which were being regulated by the Minor Offences Decree, last revised in 1996, were no longer acting as deterrents to traffic violators.
Senior legal officer within the department of land transport, Kenny Elizabeth noted that in the case of loud music, there has not been any set criteria, while action will be taken at the discretion of the officers on duty.
He explained that it will be up to them to decide whether the level of noise is acceptable, or not, while in the case of housing estates, or public places, they will promptly respond to complaints and take necessary actions.
Among the misdemeanours that fall under minor offences are the use of a hand-held mobile phone while driving, racing on a public road, driving through a red light, failing to ensure that an infant, or child is properly secured in appropriate child restraint and failing to ensure that any door of his, or her motor vehicle is opened improperly.
Principal secretary for the department of land transport Patrick Andre said prior to the amendments – December 28, 2021 – a lot of traffic violations had been decreasing gradually.
Mr Andre, however, noted that regulations and fines alone will not remedy the situation, but it will necessitate efficient monitoring and enforcement to complete the process.
Still in line with the new regulations, the cabinet of ministers last week approved for the drafting of the Road Transport (Immobilisation, Towing and Impounding of Vehicles) Regulations, 2021.
These regulations will enable enforcement agencies to clamp, tow away and impound vehicles that have been abandoned or illegally parked on a public road or in a public car park or any other illegal areas. The cabinet raised concerns about the number of derelict vehicles around the country and requested that these should be dealt with under the Derelict Motor Vehicles Act.
Mr Elizabeth said they are presently on the drawing board, coming up with the proper structure and legal framework to govern the regulation.
He further added that they are also in the work process to introduce a Driver Improvement Point System (DIPS) which will deter drivers from violating traffic laws.
This system will involve allocating each driver with a number of merit points on their licence, with points deducted in instances of violations of the law.
Proposal for the point system was brought before the cabinet of ministers last year and was welcomed, but it was requested that further consultations be done to clarify the manner in which the system will be implemented.
The main objective of the DIPS is to identify and suspend dangerous motorists from driving for a specified period of time.
Speaking on behalf of the police force, head of visible policing,superintendent (SP) Antoine Denousse said the amendment has changed the fines only, but not the nature of the offences.
He, however, noted that there has been a change in the period of time one has to pay a spot charge – from three (3) to fourteen (14) days – and also the amount of time the police have to prosecute the case – from three (3) to six (6) months.
This, SP Denousse said will allow them more time to better work on the cases before bringing them to court.
He added that it is very important for motorists to know that the work of the police is not to give fines right, left and centre, but it is based on education, alongside the law enforcement component.
SP Denousse urged all motorists to comply with traffic laws and help in protecting the lives of others and also to avoid heavy fines, especially in the present difficult financial moment.
Roland Duval
