Construction Zone Fines
Construction Zone Fines in South Africa
Construction zone fines are familiar to most drivers in South Africa, and many of these drivers wonder whether the police are allowed to trap drivers in a construction zone. The answer to this question is not simple, and can seem confusing at times.
The confusion about construction zone fines stems from secrecy. The laws and regulations concerning the traffic authorities state in the guidelines where speed traps can be used, but this information is almost impossible to find for most drivers, and is kept secret intentionally.
The Directorate of Public Prosecutions, also known as the DPP, is responsible for the required permits needed for the traffic authorities to set up the speed traps using SME equipment. This is true for every location where these traps are set to issue construction traffic fines. Permits have been issued to set up these traps on freeways in areas and locations that are subject to construction zone fines, but there is no clear directives regarding these permits being amended for the permissible speed variation, which was one hundred and thirty kilometers per hour and changed to ninety kilometers an hour.
Illegal Construction Zone Fines
At the beginning of this year, 2009, construction zone fines that were issued in the months of September, October, and November, of 2008 were determined illegal. This was due to the fact that the speed traps using cameras did not have authorization, but the spokesman for JMPD has stated that the authorizations were correct and legal starting in December of 2008.
The problem is that the JPMD did not admit the construction zone fines were illegal until it was ruled that way. In the meantime drivers who paid the fines during this period are still on the hook, because they admitted guilt for the construction zone fines when they paid the fines. What guarantee is there that the JPMD is acting legally now, just their word?
According to Wayne Minnaar, his exact words were "You can't get a refund because by paying an admission of guilt fine you've admitted that you were speeding."
Construction Zone Fines And The Law
The legality of the speed traps, and the resulting construction zone fines, is not the only issue. In South Africa, construction zones are very dangerous, and this is by intentional design. The Scalectrix is dangerous for cars and trucks, but even more so for motorcyclists. This grooving, done on purpose, can cause all vehicles to jerk and jump around, causing safety issues for all vehicles in the construction zone. Why does the government allow these grooves to stay in place, instead of simply using paint? At times, the grooving will lead straight into a barrier, and an inexperienced driver or motorcyclist can suffer serious or even fatal injuries.
Lane narrowing is another issue in areas where construction zone fines apply. These lanes are so narrow that it can be difficult for cars to pass through, and the thousands of heavy trucks that go through each day pose serious dangers.
Construction zone fines can be a big problem for motorcyclists. These drivers are expected to cut through traffic congestion, instead of staying in the lane and adding to the backups. This is dangerous though, because often the gap between vehicles is quite small.
Under the previous Road Traffic Act it was illegal for road damage to be intentionally caused by anyone. This appears not to be true under AARTO though, because the contractors responsible for the damage to the freeways have not been held responsible. Instead the drivers pay, with high construction zone fines and terrible roads. That is because speed traps are being used to generate income, and for no other reason.
Construction Zone Fines And The Occupational Health and Safety Act Of 1993
The Occupational Health and Safety Act of 1993, which was Act No. 85 for the year, has very specific legal criteria for who may enter the construction zone. According to these guidelines construction zone fines should be very rare, because the criteria for being in a construction zone is so strict.
Construction Zone Fines And Qualifications
There are certain criteria needed to be present in a construction zone, and these criteria applies to traffic officers as well as other workers and motorists in these areas.
Construction zone fines can be contested, especially if all the mentioned criteria is not present, because the traffic officers are in the construction zone illegally. These laws are not vague or open to numerous interpretations, and most construction zone fines are not valid because all of the legally required conditions and criteria are not met.
Construction zone fines are familiar to most drivers in South Africa, and many of these drivers wonder whether the police are allowed to trap drivers in a construction zone. The answer to this question is not simple, and can seem confusing at times.
The confusion about construction zone fines stems from secrecy. The laws and regulations concerning the traffic authorities state in the guidelines where speed traps can be used, but this information is almost impossible to find for most drivers, and is kept secret intentionally.
The Directorate of Public Prosecutions, also known as the DPP, is responsible for the required permits needed for the traffic authorities to set up the speed traps using SME equipment. This is true for every location where these traps are set to issue construction traffic fines. Permits have been issued to set up these traps on freeways in areas and locations that are subject to construction zone fines, but there is no clear directives regarding these permits being amended for the permissible speed variation, which was one hundred and thirty kilometers per hour and changed to ninety kilometers an hour.
Illegal Construction Zone Fines
At the beginning of this year, 2009, construction zone fines that were issued in the months of September, October, and November, of 2008 were determined illegal. This was due to the fact that the speed traps using cameras did not have authorization, but the spokesman for JMPD has stated that the authorizations were correct and legal starting in December of 2008.
The problem is that the JPMD did not admit the construction zone fines were illegal until it was ruled that way. In the meantime drivers who paid the fines during this period are still on the hook, because they admitted guilt for the construction zone fines when they paid the fines. What guarantee is there that the JPMD is acting legally now, just their word?
According to Wayne Minnaar, his exact words were "You can't get a refund because by paying an admission of guilt fine you've admitted that you were speeding."
Construction Zone Fines And The Law
The legality of the speed traps, and the resulting construction zone fines, is not the only issue. In South Africa, construction zones are very dangerous, and this is by intentional design. The Scalectrix is dangerous for cars and trucks, but even more so for motorcyclists. This grooving, done on purpose, can cause all vehicles to jerk and jump around, causing safety issues for all vehicles in the construction zone. Why does the government allow these grooves to stay in place, instead of simply using paint? At times, the grooving will lead straight into a barrier, and an inexperienced driver or motorcyclist can suffer serious or even fatal injuries.
Lane narrowing is another issue in areas where construction zone fines apply. These lanes are so narrow that it can be difficult for cars to pass through, and the thousands of heavy trucks that go through each day pose serious dangers.
Construction zone fines can be a big problem for motorcyclists. These drivers are expected to cut through traffic congestion, instead of staying in the lane and adding to the backups. This is dangerous though, because often the gap between vehicles is quite small.
Under the previous Road Traffic Act it was illegal for road damage to be intentionally caused by anyone. This appears not to be true under AARTO though, because the contractors responsible for the damage to the freeways have not been held responsible. Instead the drivers pay, with high construction zone fines and terrible roads. That is because speed traps are being used to generate income, and for no other reason.
Construction Zone Fines And The Occupational Health and Safety Act Of 1993
The Occupational Health and Safety Act of 1993, which was Act No. 85 for the year, has very specific legal criteria for who may enter the construction zone. According to these guidelines construction zone fines should be very rare, because the criteria for being in a construction zone is so strict.
- Before a construction zone may be entered, even by traffic officers for the sake of construction zone fines, an induction course concerning health and safety for the specific site must be taken. This course will outline the site hazards and rules.
- The rules state what PPE, or Personal Protective Equipment, is needed for the specific site.
- Proof of the training received must be carried wile at the construction zone site, and this includes officers issuing construction zone fines.
- Workers in construction zones are required to wear safety shoes and helmets, as well as vests that offer high visibility, anytime the worker is in the construction zone.
Construction Zone Fines And Qualifications
There are certain criteria needed to be present in a construction zone, and these criteria applies to traffic officers as well as other workers and motorists in these areas.
- If you have taken the induction course for the construction zone, you are qualified and should drive through safely. If you have not taken this course for the site, leave immediately. This applies to traffic officers issuing construction zone fines, as well as everyone else.
- If you have personal protective equipment issued by the contractors, you can drive through. If you do not have this equipment you need to leave immediately, and it is illegal for you to be at the site. This applies to everyone, including traffic officers issuing construction zone fines.
- If you have proof of training for the specific construction zone, and there is a copy of it given to the primary contractor, you may be present in a construction zone. If not, you are on the site illegally and must leave now. This applies to traffic officers issuing construction zone fines, as well as everyone else including drivers and road workers.
- If you have a high visibility vest, and the rest of the proper gear needed, you may be in the construction zone. If this is not the case, leave immediately. This applies to all workers in a construction zone, including traffic officers who are operating SME equipment and issuing construction zone fines.
Construction zone fines can be contested, especially if all the mentioned criteria is not present, because the traffic officers are in the construction zone illegally. These laws are not vague or open to numerous interpretations, and most construction zone fines are not valid because all of the legally required conditions and criteria are not met.
