The SA National Roads Agency (Sanral) today issued new terms and conditions for those who register for e-tolling, while a case to halt e-tolling is currently being heard at the Pretoria High Court.
“Sanral assured existing e-toll account holders that they would not need to re-register their e-toll account. The existing e-toll account holders would, however, need to accept the new terms and conditions.”
The agency says this can be done by phoning the e-toll call centre on 0800 SANRAL (726 725); visiting the e-toll customer service centres; or by logging onto their personal e-toll accounts on www.sanral.co.za, later today.
Clauses changed
The agency provided some examples of how the terms and conditions were changed in order to address the concerns.
There was a concern that the terms and conditions do not comply with the Consumer Protection Act (CPA). “We have put in a clause to state that the terms and conditions only apply as far as allowed by the law, including as far as allowed by the Consumer Protection Act.”
Another concern was that Sanral could change the agreement and users were forced to agree with the changes.
The new clauses are now clear that this is not so. Users can end the agreement immediately or at any time after being told about changes. “Even if we do not make changes, you can still end the agreement at any time,” says Sanral.
“This clause was also changed after taking account of the suggestions from the National Consumer Commission.”
The agency reiterates that bank details do not have to be provided for e-tolling. Payment can be made at e-toll outlets and banks.
Proving glitches
It adds that another concern was that Sanral could charge users for unknown amounts.
“The new clauses list all the charges that you might have to pay. The new clauses also state where and how you can get details of the tolls that you might have to pay.”
A key concern of several organisations was that through the old terms and conditions, Sanral could access users' information from other institutions like the credit bureau.
“We have corrected this confusion. We have clarified that we will only request your contact details from other companies, if we cannot contact you with the information you have already given us. We can only do this where it is allowed by law.”
Users will now also not be liable for tolls if their vehicles or e-tags are stolen, if the theft is reported to Sanral in the way set out in the agreement.
“There was also a concern that you have to prove that amounts we charge you are wrong. We have removed the clause that caused this concern.”
Contravening legislation
Sanral says it issued the new terms and conditions after concerns were raised by the public.
In January, several parties, including the SA National Consumer Union, said the terms and conditions linked to the e-toll contract, when users register for e-tags, are unlawful and violate the Financial Services Act and the CPA, which protects consumers from unfair, unreasonable and unjust practices.
In February, NCC commissioner Mamodupi Mohlala told ITWeb that the terms and conditions in the contract are “contrary to the provisions of the Consumer Protection Act”.
Despite previously defending the terms and conditions of the e-toll contract, Sanral now says it has taken public concern into consideration. It previously attempted to address all allegations of the conditions being unlawful.
The system is set to become operational on 30 April.
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