How does a company “nominate” the correct driver who incurred the traffic fine?

Question:

Just wanting to know when our company receives a traffic fine and we pay this can we after payment still change the drivers details ? We normally pay the fines and then deduct the monies back from the driver responsible for the offence. That leeds to my question of changing the drivers details after payment and how does this work ? What forms must we fill in and file ?

Answer:

Just like the acting CEO of the RTMC and the Minister of Transport, when you pay a fine made out to your company, you are admitting guilt on behalf of your company – not the driver and therefore the following applies:

  • You may not legally deduct the fine amount from your driver’s salary or wages as you have admitted guilt on behalf of the Proxy of your company, whose details appear on the infringement notice.
  • You may not subsequently nominate the driver as the prosecution of the case has been finalised by your payment of the fine.

The LEGALLY CORRECT process is and always has been as follows:

On receipt of an infringement notice:

  1. If it is a Section 341 of the Criminal Procedure Act notice, complete the driver nomination redirection section on the notice and post it back to the issuing authority.
  2. If it is an AARTO 03 infringement notice, download and complete the AARTO 07 driver nomination form and send it to the issuing authority.

In both cases, the original infringement notice must be cancelled by the issuing authority and re-issued to the natural person (driver) you nominate.  This means that your company will not be responsible for the infringement notice in any way and it will effectively become the driver in question’s problem – not yours.

I am well aware of the fact that many companies have written clauses into their employees’ contracts stating that they will be held accountable for traffic fines that they incur.  It is my standpoint that, whilst it is legally correct to hold individuals responsible for fines they incur, paying traffic fines issued to that company and then deducting it from a driver’s salary is not legally correct since the traffic fine is not made out to the driver.  Regardless of whether an employee was driving the vehicle at the time of the alleged infringement or not, payment of it constitutes an admission of guilt by the entity in whose name the infringement notice was made out.

Nominating the driver is administratively far less complicated than paying fines and then deducting monies from the employee and I therefore cannot for the life of me understand why companies have adopted and continue to practice this legally flawed methodology.  Perhaps it has something to do with ignorance and perhaps it has something to do with being lazy to do what the law caters for, but either way, it is not the correct thing to do.

Best Regards,

Howard Dembovsky

National Chairman – Justice Project South Africa (NPC)

Association Not For Gain  |  Incorporated as a non-profit company under the Companies Act, 2008  | Registration Number 2010/019972/08

7 thoughts on “How does a company “nominate” the correct driver who incurred the traffic fine?

  • February 27, 2012 at 11:35 am
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    I’ am Proxy for company vehicles, I have received fines AARTO 03 via surface mail and I have filled in the Representation AARTO 08 forms and sent them registered mail to JMPD that the fines are not legal (Not registered). As per your Justice Project South Africa website, AARTO and Alta Swanepoel, etc
    I have now received some AARTO 09 (Rejected – Advised to elect to be tried in court) again this was not registered from JMPD – – I have read your letters but I need to know what do I do now.

  • May 18, 2012 at 9:16 am
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    Our company have a leasing agreement with Avis; so prior to our vehicles being under our proxy, they were under Avis proxy. Avis administrator will now & then request drivers information to be redirected & will then forward a completed forms with the drivers details then. Now there’s a new fine adminstrator at Avis & he forwarded information for the fines to be redirected to the drivers. It’s information that I have forwarded to the previous fine adminstrator; 90% of those vehicles have gone back to them & some of drivers are not with our company anymore. It’s information from 2010. Kindly let me know if it’s legal to still redirect?

    Regards,

    • May 23, 2012 at 7:12 am
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      It most certainly is legal to redirect the fine to the driver that was legitimately in control of the vehicle at the time. If the vehicle was not driven by that driver however, it will result in the fine reverting to the original person or company that it was made out to – if that driver challenges the fact that they were driving the vehicle at the time.

  • June 22, 2012 at 8:13 am
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    I am a company Proxy and the traffic fines are all coming under my name and i am now worried that with AARTO coming in i am going to loose my driver’s license. Does AArto consider any redirection on the points deductions?

  • January 29, 2013 at 3:58 pm
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    Thank you for your comments regarding the nomintion of the driver of a company car who incurred a traffic fine. I fully agree with your procedure for a Section 341 notice and how it should work. In practice what happens is that we tried to follow the procedure but the redirection was ignored by the authorities and summons issued to the company proxy to appear in court. Needless to say it is easier to pay the fine and deduct from the employee. We have a policy and specific procedure regarding notifying the employee and giving him/her time to pay and or defend. If proof of action by the employee is not received within the specified timeframe we pay – and deduct the fine from the employee as we would not like to have our proxy land in jail. We operate (mostly) in the Western Cape.

  • September 23, 2013 at 1:20 pm
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    I have a fleet of +-400 vehicles and we have a good system in place to notify our Leasing Co. of each and every dedicated driver, however we sometimes have a Spare vehicle which is used and then the driver details are not given through immediately. This then results in a fine that could be sent to the wrong driver or to our Proxy. We’ve now had several warrants of arrest in our Proxy’s name and have to notify the Court of the correct driver. We know exactly who was driving the vehicle as each driver needs to sign when he takes over a vehicle, but again some authorities did not redirect the fines and again resulted in warrants being issued in our Proxy’s name.
    Would it be in order for these fines to be deducted off an emplyoyees salary without him signing an acknowlegement of debt?
    Would it be in order to deduct if we’ve informed a driver of his fine and he neglects to pay within the 32 day period?

  • May 21, 2016 at 12:58 pm
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    hi i just want to know when the company transfer the fines without telling the driver or gaving a copy of fines, so that he can know that he have fine.

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