Stories about impounding of vehicles over toll fees just not true

SANRAL has emphasised that stories about impounding of vehicles where a road user has outstanding e-toll fees are simply wrong.

Media reports in recent days were based on assumptions about and interpretations of the draft Regulations pertaining to the South African National Roads Agency Limited and National Roads Act (Act no. 7 of 1998). The draft Regulations do not mention anywhere that road users' vehicles would be impounded if they have outstanding toll fees.

The draft Regulations instead state that: "where any vehicle is parked or left on a national road in a position or in circumstances which in the opinion of such an authorised employee (law enforcement officer) appointed in terms regulation 2 (2) (a), is likely to cause danger or an obstruction to other traffic on such road, that employee may remove it forthwith to a Government facility and in the case where such a vehicle was carrying persons who will be left stranded at the scene if the vehicle is so removed, the authorised employee may arrange and contract with any other person to provide the necessary transport to such persons: Provided that such employee shall, in removing such vehicle, use such device or devices as may be necessary, having regard to the public safety."

On reading of the regulations it is easily established that this action is done in the interest of safety, the vehicle is not being impounded.

It was also reported that officers will have the power to confiscate the licences of road users on the Gauteng e-roads. Here again the association is wrongly made between the confiscation of licences and the non-payment of toll fees.

The section of the draft Regulations which relates to the powers of law enforcement officers states that the law enforcement officers can: "impound any document (which could include a licence) which appears to be or which that employee suspects to be invalid or which has been or appears to have been unlawfully altered or defaced or which is being put to unlawful use, and where any document is so impounded, the employee must issue a receipt in respect thereof to the person concerned."

It is therefore plainly not true that road users' licences will be confiscated if they have not paid their toll fees. There is no link whatsoever between the non-payment of toll fees and the confiscation of licences.

Statement issued by the South African National Roads Agency SOC Limited, April 5 2012

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