Clamping and seizure fees are generally payable in advance at the time of release of the vehicle. It is at the discretion of the chief of police to release a motor vehicle without payment of duties if the exceptions referred to in subsection 9(2) of the Act are provided. Details of the fees payable can be found on the South Australian Police Fee Schedule website. Interference with hose clamps is also a criminal offence [subsection 18(2)]. At the end of the jamming/forfeiture period (and during normal business hours), the owner must request release of the vehicle. The vehicle must be released as soon as possible after the application has been submitted, provided that the corresponding fee has been paid. Under section 9 § 11 of the Act, the police or competent authority are not obliged to release a vehicle outside normal business hours. Traffic officers in Bloemfontein also do not use clamping. “We`ve used it before, but we stopped because it`s not practical. Instead, we pick up vehicles that block traffic or cars that are illegally parked in loading areas,” said George van Vuuren, Chief Inspector of Bloemfontein Traffic Police. But tightening is not used in most other provinces. Johannesburg Metro police spokesman Wayne Minnaar said his department was not blocked. “We tow vehicles that obstruct traffic and confiscate them.
If you park during your parking time, you will be fined. There`s no goal to really tighten,” he said. The collage plans, coupled with Monday`s announcement by the city council that the closed-circuit television camera project has been expanded to address traffic violations to municipal ordinances, indicate a major crackdown on illegal parking. The ministry recently lost one of its clamps after a motorist allegedly replaced the clamping wheel with his spare wheel and left with the clamping wheel in his trunk. After hearing Lindenberg`s legal opinion on clamping, the board decided to submit draft bylaws to the committee on November 14. If approved, the bylaws will be submitted to a plenary meeting of the board two days later. However, most other provinces do not use tightening at all. The Cape Town Partnership also opened the city`s first improvement district last week, a legal agreement between council, partnership and property owners to fight crime and dirt. “Those who have just parked illegally but do not cause a problem will be punished. Another company, International Parking Management, will take over the monitoring of parking violations, but will be under the authority of the municipal authorities,” Van Vuuren said. Although vehicles can be blocked on private property such as the University of Cape Town, there was no legislation in Cape Town dealing with blocking on public roads. Delay in blocking and moving vehicles due to non-payment of parking fees Cape Town`s traffic authorities have been ordered to pinch fewer illegally parked cars, as this practice could endanger the driver.
CARtoday.com look at what is happening in other provinces. Details of the fees payable in connection with seizure, detention and forfeiture can be found in the Criminal Law Notice (Suspension, Seizure and Forfeiture of Vehicles) published from time to time (Fees). According to the director of the Western Cape prosecutor`s office, Frank Kahn, the authorities said they were reducing wheel tightening as it could endanger female drivers. Kahn said women would be targeted by criminals if they were stuck on the side of the road with a stuck car. Even in Durban, tightening is not an option. “Private companies or owners of private property have the right to booby-trap vehicles parked illegally on their premises. But on public roads or car parks, clamping is not practiced,” Vincent Ngubane, a Durban Metropolitan Police officer, told CARtoday.com. Could you please shed some light on the legal requirements regarding the money in question – this is acceptable to be paid by the author.
Is there an upper limit to the amount of the fine? In certain circumstances, offenders may request that their vehicle be destroyed for a lower fee instead of paying the higher amount for detention and seizure costs (see also § 9(7) to (9)). Such a request to the chief of police must be made within 7 working days after the seizure of the motor vehicle concerned. The vehicle may be handed over either to the registered owner, to a person authorized by the registered owner or to a person legally authorized to own the vehicle. The Cape Town Partnership, a section 21 company, made suggestions on how to deal with roadside parking, including clamping, in a report submitted to council on Oct. 20. It was agreed that the wheels will only be tightened when there is a marshal near the car. The marshal waits for the return of the owner and releases the car immediately after paying the fine of R50. An ordinance should provide for the installation of signs in the city warning motorists that illegal parking could lead to traffic jams. Shopping malls are not covered by both laws, and their employees are therefore implicitly acting illegally by tightening the wheels of cars and imposing “one-time fines.” “Articles 34 and 35 of the Constitution guarantee everyone the right to defend such a case in court,” Welsh said.
“Clearly, the malls are violating motorists` constitutional right to defend the case in court, making their practice of wheel tightening and fines completely illegal.” Johannesburg shopping malls such as Sandton City and Eastgate do not have locked wheels. Southdale declined to comment, while Southgate defended his actions. “The tightening is done to protect people who are stationed in areas intended for others,” said Southgate representative Phili Mtsali. “It`s done to protect people like paraplegics who happen to be in the minority. It also benefits the general public by facilitating access for emergency vehicles when needed. But Welsh is not convinced. He says people sometimes park in these areas because circumstances are out of their control. He insists that the courts should therefore be involved in determining the extent of the offence. “What if you have a pregnant woman who needs immediate medical attention, or a sick person in your car and you know there`s a doctor at the center?” asks Welsh. “Should you walk around and waste time looking for an empty bay to park in?” Welsh has become a victim of the tightening of the wheels of shopping malls.
Two years ago, he intentionally parked his car in Southgate Shopping Centre in an area clearly demarcated as not available for public parking. His car was booby-trapped, he paid the fine and got a receipt. He then went to Mongregate to press charges of Southgate`s breach of the Criminal Procedure and Road Traffic Act at Mondeor Police Station. Last year, the lawsuit was dismissed without any action being taken against the center. When Welsh questioned this, he was told prosecutors had refused to take action because there was not enough evidence to lay charges. Meanwhile, Mondeor police station benefited from Southgate`s “fines” and received R15,000 for its trauma unit. “I consider the R15,000 to be a bribe because while they were being paid, the investigation into the mall was quietly stopped,” Welsh said. “Southgate was a suspect in a criminal case when the payment began.” Mondeor police dismissed Welsh`s allegations as “absurd.” “If there is a complaint against Mondeor police station, he [Welsh] is welcome to come and file a complaint so we can investigate,” Captain Johan du Toit said.
Welsh also filed a lawsuit against Southdale Mall.
