The City of Cape Town has started impounding vehicles under the amended Trafic by-law 2021.
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Mayoral committee member for safety and security, Alderman JP Smith, says the Traffic by-law of 2021 was passed and promulgated in 2022 in an effort to curb ‘the trend of insolence and carnage on Cape Town’s roads’.
The penalty amounts have now been passed and published in the tariff schedules for the 2023 financial year, which began in July.
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‘With the harsh action intended to bring about lasting reform, the amended Traffic by-law is the long-awaited answer to the majority of lawful motorists who long to see an improvement in road safety,’ says Smith.
‘I have noted comments asking why much stronger action is being taken against traffic offences by the City but that the criminal justice system seems ineffective to deal with serious and violent offences like murder and rape. The difference is that in terms of the Constitution, the City is able to make laws about traffic violations but laws pertaining to serious violent crime reside exclusively in the hands of [the] national government.
‘In this case, the City is trying to make sure that its legislation is effective in changing driving behaviour and improving road safety but is not able to amend the legislation that deals with serious violent crime that affects the lives of many as this would need to be done by [the] national government. This is just one way in which the city is using its local government powers effectively to address an issue where solutions are not forthcoming by [the] national government.
‘More effective legislation like this could save many lives and many of the tragedies we have seen on our roads recently may have been avoided if offenders had faced the consequences of their actions in this manner earlier.’
Some of the new penalties include:
- Vehicles with missing plates or number plates not securely fixed will get fined and impounded;
- Unroadworthy vehicles, vehicles with defective lights, vehicles not up to standard as per the original SABS specifications and illegally modified will get fined and impounded;
- Unlicensed vehicles, unlicensed drivers: vehicle gets impounded;
- Failing to stop when ordered to do so, reckless and negligent driving or driving under the influence (DUI) will result in an arrest and the vehicle being impounded until court proceedings are complete.
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