JPSA addresses e-toll issues

Motorists are concerned about the consequences of non-payment - including acquiring criminal records and arrest.

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Today marks exactly a month to the day since government's open-road tolling project went live in Gauteng and, while the SA National Roads Agency (Sanral) says reports that the system is besieged with problems are nothing more than "wishful thinking", anti-toll blocs and individuals are painting a different picture.

Sixteen days into e-tolling, ITWeb reported on complaints directed at the state-owned roads agency around inept invoicing, the trumpeting if misleading e-tag numbers and a questionable online portal. While the latter has been disabled by Sanral in light of privacy issues, motorists across SA continue to voice confusion and concerns around billing, incorrect information and fake vehicle licence numbers.

Howard Dembovsky, chair of Justice Project SA (JPSA), says he has received scores of complaints and questions since e-tolling kicked off last month. Now, that "the offensive to collect e-toll [fees] has entered full swing," he says, JPSA is being inundated with communication from individuals seeking answers and recourse.

"[Many] people are looking to us for answers on e-tolls and we are currently receiving multiple SMS, e-mail messages and phone calls on this topic." Dembovsky says JPSA cannot answer individual questions on the matter. In response to the communication flood, however, JPSA has posted a page on its Web site, which outlines regularly raised and likely questions and concerns.

A non-profit organisation, JPSA is primarily involved in the prevention and addressing of corruption and power abuse in law enforcement as well as in the education of the public in a wide range road safety issues.

In the JPSA post, titled E-toll facts, Dembovsky states: "Contrary to the propaganda Sanral has put out with respect to JPSA's stance on e-tolls, we can only present you with the facts on the legislation surrounding e-tolls, and cannot and will not advise you on whether you should choose to comply with them or not."

The statement reflects the ongoing word war between JPSA and Sanral, which escalated last month after JPSA exposed a slip up in the Government Gazette outlining e-toll tariffs and regulations.

Also last month, Sanral spokesperson Vusi Mona issued a statement warning motorists that not paying e-tolls would have serious implications. He said there was a "great deal of deliberate misleading information being spread by those who support lawlessness" and appealed to motorists not to be misled.

In its latest online statement JPSA makes it clear that it does not support lawlessness: "Not once has JPSA ever encouraged people to break the law." The group further strongly condemns what it says is Sanral's "feeble PR attempt at making this appear to be the case".

JPSA has highlighted a number of aspects it believes will answer most of the questions motorists affected by the e-toll system have raised and are likely to raise, including (among others) what options motorists have should they wish to register, as well as the options available for 'alternate' (unregistered or untagged users) - and their implications.

In the former case JPSA explains: "You may choose to register with Sanral as a registered e-tag user or a Vehicle Licence Number user. These users are granted an up-front discount on e-toll tariffs - but either have to maintain a positive prepaid account or provide their banking details for Sanral to debit."

A "day pass user", explains the organisation, is someone who purchases an e-tag that is valid for 24 hours, of which only 12 may be purchased in a 12-month period

In the latter case, says JPSA: "If you do not register - which is your absolute right - you will be deemed to be an 'alternate' user and you are expected to go in to a Sanral customer service centre and pay within seven days of driving under a gantry. Functionality to do so through their Web site has been disabled by Sanral."

Mona told ITWeb last week that Sanral had indeed disabled the online option, in an attempt to address concerns raised. He said it would be enabled again "once login functionality [could] be implemented."

Mona added that online payments could still be made online for e-toll account holders, as well as for transactions older than 7 days. "For registered e-toll account holders, additional payment options include electronic funds transfer, Checkers, Pick 'n Pay, Shoprite and participating Spar stores."

Regarding SMS and e-mail messages e-road users have received, JPSA explains these come from Sanrals Violation Processing Centre (VPC): "The VPC is a collections mechanism set up by the Electronic Tolling Company (ETC) joint venture comprising of a few companies, including TMT Services (a Kapsch TrafficCom-owned company) and Kapsch TrafficCom itself.

"The word 'violations' implies that you have committed an offence, however this is not strictly true, given the fact that under criminal law, you only violate the Sanral Act and e-Road regulations once you have definitively failed and refused to pay your e-toll [fees]."

JPSA says it "cannot fathom" why Sanral and TMT Services "has chosen to put the cart before the horse by accusing people of being 'violators' before they have so much as sent them an invoice"

In Mona's said December statement he stated that a road user does not necessarily need to receive an invoice before being obliged to pay e-toll fees. "The legal obligation to pay toll arises from using the toll road and passing underneath a gantry, not from an invoice that is forwarded to the road user. There are signs posted along tolled roads making this clear - which includes the obligation to pay the toll within seven days."

An example of the above-mentioned VPC notification via e-mail is available on JPSA's E-toll facts page.

With regard to the possibility of criminals masquerading as Sanral and deceiving motorists into paying over money, JPSA says it is not in the least bit inconceivable.

In the section titled "Phishing, Internet and Nigerian 419 scams" JPSA says: "We cannot say for sure that they haven't already [started]. In fact, we would be very surprised if they haven't already."

JPSA recommends citizens "treat suspicious e-mails with extreme caution and refrain from clicking on links provided in them, or making payments into banking accounts stated thereon".

JPSA further addresses the concern that motorists may be arrested on the grounds of outstanding e-toll fees.

The organisation notes TMT Services recently adjusted the wording in their e-mail demands by stating: "Failure to make payment will result in you being identified as a non-payer and will be stopped by the Toll Road Enforcement Unit".

JPSA refers to the above statement as a "very serious threat indeed", but says stopping a motorist prior to the existence of a warrant of arrest is tantamount to wrongful arrest if the motorist has not committed an offence in the presence of an officer.

"Officers from the Gauteng traffic police have been seconded by Sanral to enforce offences on the e-toll roads and have no special powers, beyond being traffic officers."

JPSA goes on to say that, even if Sanral's enforcement units issue an invoice to the road user at the roadside, "this would be a violation of the e-road regulations, which clearly state Sanral must send an invoice 'to the last known address provided in terms of the National Road Traffic Act'.

"It makes no provision for roadside invoicing or harassment. They may however issue summonses and Administrative Adjudication of Road Traffic Offences (Aarto) infringement notices."

Mona recently made it clear that defaulting on e-toll fees amounts to more than a normal traffic offence: "It is important to note that not paying your toll fees is not just a traffic offence but a criminal one."

This has raised the question: "Will I get a criminal record if I refuse or fail to pay e-toll fees?" - in response to which JPSA says it is not clear on what basis Sanral and the Department of Transport are claiming that the Criminal Procedure Act (CPA) applies specifically to e-tolls - while the Aarto Act applies (where it is in force) to all other road traffic offences including non-payment of tolls."

Dembovsky says JPSA has asked for clarification on this matter, but has not yet received a formal reply. He notes, however, that the Aarto Act "decriminalises road traffic offences, including non-payment of toll fees."

In short, he explains, "if prosecuted under the CPA and Sanral wishes to seek to have the courts impose criminal records on offenders, formal dockets must be registered by the South African Police Service and the fingerprints of all convicted persons must be taken so that the criminal record database may be updated with your details. Therefore, the answer is yes, you can incur a criminal record for committing a criminal offence."

With regard to the question: "Can my licence disc be withheld if I have outstanding e-toll fees?", JPSA says Regulation 59 of the National Road Traffic Act does not make provision for withholding licence discs, except for under the following conditions:

• If there are outstanding licensing fees or penalties against the person in whose name the vehicle is registered; or
• If a warrant of arrest has been issued in the name of the person in whose name the vehicle is registered.

JPSA says, however, the Aarto Act makes provision for disallowing licensing transactions if an enforcement order has been issued against the person in whose name the vehicle is registered. "Any and all other attempts to withhold licence disks would be unlawful.

JPSA explains: "Any licensing authority must provide a registered vehicle owner with a R114 statement of account on request and this will detail any and all Electronic National Traffic Information System (eNatis) transactions against your name. If it happens, do not jump to the conclusion that your licence disc is being withheld on the grounds of outstanding traffic fines or e-tolls."

Sanral says road users need to lodge any complaints they may have with regard to e-tolls with e-toll customer services. Unless they do so, says the roads agency, "Sanral is unable to investigate any allegations made".

Mona notes that, since open-road tolling in Gauteng is new, "[Sanral] has found some customers do not understand the administrative process around the e-toll system. Through the automated complaint system we identify trends and are able to update customer service agent 'scripts' in order to assist the account holders/road users with understanding invoices, explaining transaction records, explaining the security measures and interface with our banking subcontractor."

Regarding the problem of false invoicing caused by cloned/false licence plate numbers - an issue JPSA says it is currently looking into - Sanral says there is a process that can be followed through e-toll customer services. "Additionally, there is a representation process that he or she can follow for any disputed transactions."