The SA National Roads Agency (Sanral) insists that drivers who have registered for Gauteng e-tolling will not have to redo their registrations once the new terms and conditions for the system are introduced.
The agency on Wednesday said it would issue revised terms and conditions for e-tolling. This came hours before it was to attend hearings at the National Consumer Commission (NCC) regarding allegations that the original terms and conditions are unfair and unlawful.
Sanral said the revised terms would allay fears consumers may have. “Importantly, the new terms and conditions will apply to everybody who has registered already or who registers in future. No registered user will be prejudiced or disadvantaged.”
However, Democratic Alliance (DA) Gauteng transport spokesperson Neil Campbell said this does not make sense. “How can it apply to those users that are already registered? They've signed on the old terms and conditions. Sanral can't assume that people will just accept the new ones. They've got to go back and do it all again.”
Complex issue
However, in a statement released yesterday, Sanral reassured registered users that they will not be required to re-register.
“They will be afforded an opportunity to review and accept the revised terms and conditions at that time and they will be notified of the process. They would not be prejudiced or disadvantaged, because of the revised terms and conditions, which will apply to everybody who has registered already or who registers in future.”
John Giles, partner at Michalsons Attorneys, says the issue is quite complex and Sanral may or may not be able to exempt registered drivers from registering again.
“It depends on what the original terms said.” Giles explains that if the agency had hold agreements within the original contract that allowed them to change the terms and conditions, as long as they notify the people who registered, then it is possible.
Addressing concerns
Sanral intends to issue the revised terms and conditions after engagement with the NCC on its separate investigation and will consider its recommendations.
It adds that the revised terms and conditions will be issued before toll commencement.
“In preparing the revised terms and conditions, Sanral has also taken into account the concerns that have been expressed by the public. For example, some people expressed concerns about the scope of Sanral's right to request information about users from other institutions, while others questioned the process for querying the toll fees that might be payable by a user. These clauses are going to be updated in the revised terms and conditions.”
Legitimate protest
The DA has welcomed comments made by NCC commissioner Mamodupi Mohlala that several clauses in original contract terms and conditions are contrary to the Consumer Protection Act.
“Sanral must speedily make their new contract available to all interested and affected parties so that it can be carefully vetted. The original one-sided contract which compromised the toll user and gave Sanral unwarranted powers, had to be questioned.”
Campbell says that, while he is satisfied that road users will be less compromised by signing the improved contract, he still advises motorists to not purchase e-tags or register as users, as this is a legitimate form of protest.
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