Contesting a Speeding Ticket in South Africa: What You Need to Know
Speeding tickets are a common frustration for South African drivers. But before you resign yourself to paying the fine, it's important to know that you have options.
Each municipality handles traffic fines in its jurisdiction. It is your right to view speed-camera photos and contest in writing any traffic fine you may receive. - Western Cape Government
You may be able to contest the speeding ticket, depending on the circumstances and where you received the fine. This article will guide you through the process of contesting a speeding ticket in South Africa.
Related: Driving habits that kill
Understanding Speeding Ticket Notices
In South Africa, you might receive two different types of ticket notices:
A Section 56 Notice: This is a simpler "compounding notice" issued for minor speeding offences by a traffic officer for a moving violation. For example, you get pulled over for speeding and your fine is issued on the spot. This type of fine gives you the option to pay a fine and avoid a court appearance, and it has a court date stamped on it. You have +/-30 days to pay before the case goes to court.
A Section 341 Notice: The S341 notice is sent by post or email for speeding violations caught on a traffic camera, an expired licence disc, and so forth. This is a more serious notice, but not yet a summons, that eventually requires a court appearance if you don't pay in time. You will usually get 2 notices before a summons is issued. By the time you receive your summons, you still have another 30 days to pay or contest the fine in writing before going to court. You have approximately 3 months in total to pay a Section 341 ticket, but remember that it varies from municipality to municipality.
Important! If the S341 notice is not issued within 30 days of the date the ticket was issued, the notice is deemed invalid.
What is speed limit tolerance?
What if you already received the summons?
In this case, you are required to appear in person before the public prosecutor at the court specified on the notice, along with a written statement outlining your arguments, at least thirty days before your scheduled court date.
We encourage honesty, but saying that you were late to catch a plane or wanting to hear your new car's turbo whistle is not advised.
Other factors that may result in a reduced or waived fine include your job status, your financial stability, your level of awareness of the violation, or the presence of a medical emergency. If your wife went into labour, for example, we reckon it's a valid excuse.
What is the penalty for speeding?
Can you appeal a speeding ticket?
Yes, you can appeal or rather, contest, a speeding ticket! The process will vary depending on the type of notice you receive and where you live.
Appealing a speeding ticket in Pretoria/Tshwane or Johannesburg
These metros utilise the Administrative Adjudication of Road Traffic Offences (AARTO) system for handling traffic fines. Here's how to appeal a speeding ticket using AARTO:
Download the AARTO 08 Representation Form: This form allows you to formally contest your speeding ticket. You can find it on the AARTO website
Fill out the form: Carefully complete the form, providing details about the speeding offence and the reasons for your appeal. Ensure that all additional evidence is attached. Please be aware that a commissioner of oaths must sign it. (In some cases, fines are unlawfully issued, for example, if speed cameras are illegally positioned. More on this here! You can also request additional photo information. Read more on this on the Arrive Alive website here. This goes for all municipalities in SA, not just Gauteng.
Submit your appeal online: Once completed, submit your AARTO 08 form electronically through the AARTO online portal.
What is the speed limit in the absence of any signs?
What happens next?
The AARTO authorities will review your appeal. If successful, your fine may be reduced or even cancelled. However, if your appeal is unsuccessful, you'll be liable for the full fine amount, potentially with additional penalties.
Contesting traffic fines in SA: What are your rights?
Appealing in other municipalities
If you live outside of Pretoria/Tshwane or Johannesburg, the process for appealing a speeding ticket might differ. Here's a general guideline:
Write a letter: Compose a formal letter contesting the speeding ticket. Include details like the compounding notice number and a copy of the fine/notice itself.
Submit your letter: You can typically submit your appeal letter via post or email to the relevant traffic department or the public prosecutor's office at the local magistrates court. (Also see number 2 under Pretoria/Tshwane/JHB.)
Important Note: Paying the admission of guilt fine on the compounding notice before receiving a summons avoids a criminal record on your licence.
Here's how to pay/contest your fines in the City of Cape Town.
Unsuccessful appeal and court appearance
If your appeal to the traffic department is unsuccessful, you still have options. You can wait for a summons and appear in court to plead your case.
It's strongly recommended to have a qualified traffic attorney represent you in court to increase your chances of a successful outcome, especially if you were way, way over the speed limit, see below:
Going to jail for speeding in South Africa
You can now go to prison for up to 12 months if you exceed the speed limit by more than 80 km/h. This is because the Road Traffic Act was amended in 2019 to increase penalties for speeding.
Here are other ways speeding can get you a ticket to jail:
- Exceeding the speed limit by more than 40 km/h in an urban area or more than 60 km/h outside of an urban area or on a freeway,
- Speeding in a school or construction zone,
- Speeding in a reckless or negligent manner, such as weaving through traffic or driving too fast for the conditions,
- Speeding that results in an accident or injury,
- Speeding if you're a repeat offender
Other penalties for speeding include hefty fines, licence suspension, and community service.
