Slow Down This November: what your traffic fine means and what to do

Parking/ Traffic fines - slow down this November, the end of the year is near

By Jolané van der Walt-Nieuwoudt

Introduction

Fines are one of the most commonly used legal sanctions in South Africa. Whether issued for a traffic offence, a municipal by-law breach, or other regulatory contraventions, fines serve multiple objectives: to punish, to deter unlawful conduct, to promote public safety, and to provide an economic disincentive for future breaches. 

Why do we have fines?

Fines perform several distinct functions in the legal system:

1. Deterrence: By attaching a financial cost to prohibited conduct (for example speeding), fines discourage the behaviour both for the individual offender and for the public at large.
2. Punishment and accountability: Fines are a form of punishment that holds the offender accountable without always resorting to court imprisonment.
3. Restoration of public order and safety: Road-safety fines aim to reduce crashes and fatalities by encouraging compliance with traffic rules.
4. Revenue for the state and municipalities: a source of revenue, collected and accounted for by different spheres of government. 

The administrative framework: AARTO and the older criminal procedure route

Two complementary systems operate in South Africa for traffic enforcement:

1. AARTO (Administrative Adjudication of Road Traffic Offences Act)

AARTO provides an administrative regime for issuing infringement notices, applying penalties (including monetary penalties and demerit points), and adjudicating disputes outside the criminal court process. The AARTO regulations include published schedules (tariffs) that set standardised penalty values and demerit points for many road traffic infringements. 

• Criminal Procedure Act route (s341 notices and summonses under the CPA)  

Many traffic offences are still processed through the criminal system under the Criminal Procedure Act (CPA). In that system, notices, follow-up notices and (if unpaid) summonses are used; convicted drivers may receive fines or be ordered to appear in court. The two systems overlap in practice, and municipalities/traffic authorities may issue fines under either framework. 

The two main types of traffic notices you will see: Section 56 (S56) and Section 341 (S341)

• Section 56 notice (S56)
• A Section 56 notice (often abbreviated “S56”) is typically issued in person by a traffic officer who has witnessed the offence. For example: when you are stopped for speeding or driving without a licence.
• The S56 notice generally contains the details of the offence and a specified court date. It offers the recipient the choice to pay the fine (if a monetary option is provided) or to appear in court on the date stated to contest the charge. If you do not pay and do not appear, the matter may proceed in court in your absence.
  • Section 341 notice (S341)
• A Section 341 notice is commonly referred to as the “first notice” under the Criminal Procedure Act. It is typically sent by post or email and used when no officer personally witnessed the driver (for example, camera-detected speeding, or an offence recorded when the vehicle was unattended).
• The S341 notice is an initial written notice that informs the owner/registered keeper of the alleged offence and gives them a period (commonly 30 days) to respond or pay. If ignored, a second notice or a summons may be issued, which can then lead to a court appearance and a criminal record if convicted. Receiving a S341 does not immediately mean a court date is set, it is the first procedural step in the CPA route. 

Quick practical distinction: S56 = given in person by an officer (often with an immediate court date). S341 = mailed/posted notice (often camera or unattended vehicle) and is usually the first written notice before a summons.

Standardised fines and where to find the tariff table

AARTO includes standardised penalty tables (schedules) that set the monetary penalties and demerit points for a wide range of road traffic offences. These official tables are published in the AARTO regulations and in government gazettes and are the appropriate reference for “standardised” fines under AARTO. For convenience, you can consult the tariff table here: https://www.foresightpublications.co.za/AARTOop.html#Speeding

Where does the fine money go?

Traffic fines are normally collected by the issuing authority (municipal traffic departments, provincial traffic authorities, or AARTO when applicable) and recorded as revenue in the entity’s financial accounts. Public finance rules (and the Constitution’s financial chapters) govern where and how public revenue is appropriated. 

How to dispute or challenge a fine: practical steps

1. Identify under which system the notice was issued

If the notice references the AARTO Act and an infringement number, follow the AARTO administrative representation/adjudication process (written representations, adjudication, and if unsuccessful, appeal routes). AARTO allows for written representations and an administrative adjudication process before a case proceeds to court. 

If the notice is a Section 341 (or other CPA) notice, it is part of the criminal route. One typically has a set period (often 30 days on later notices) to pay or to indicate you will contest, after which a summons may be issued requiring a court appearance. 

2. Follow the procedural steps and timelines in the notice

Read the notice carefully for the deadline to pay or to make representations. Timelines matter: S56 notices often mention the court date you must attend; S341 notices commonly give a period (e.g., 30 days) to respond before a summons is issued. Missing deadlines can remove administrative options and push the matter into court. 

3. Make written representations (if available) and gather evidence

Under AARTO, you may make written representations (for example, submit a statement, photos, or proof that the alleged contravention did not occur or that you were not the driver) to the adjudicating authority. If the matter is under the CPA, you should prepare to appear in court or to consult your lawyer about pre-trial steps. 

4. Consider pragmatic options (early payment discount, diversion)

AARTO and some municipal schemes provide early-payment discounts (a reduced monetary amount if paid in a short period). Paying an AARTO infringement early can avoid points escalation and sometimes avoids a more costly court process but paying is an admission of guilt, so do not pay if you intend to contest. Read the notice carefully before deciding. 

Common pitfalls and tips

• Do not ignore notices. Ignoring a S341 or subsequent summons may lead to a court appearance, additional costs, or even a criminal record on conviction. 
• Check who is the registered owner. Many camera-detected offences are sent to the registered owner; if you were not the driver, the Criminal Procedure Act gives you an opportunity to complete and submit a statement identifying the driver (with consequences if you provide false information). 
• Keep records. Photographs, GPS logs, toll receipts or other evidence can be decisive when disputing a camera or parking fine.
• Seek legal advice for high-value fines or demerit-point risk. If a fine will cause licence suspension or significant legal consequences, consult an attorney.

Conclusion

Traffic fines in South Africa operate through intertwined administrative and criminal systems. Understanding whether your notice is an AARTO infringement, a Section 56 personal notice, or a Section 341 posted notice determines the correct procedure to dispute it. The official AARTO schedules set standard penalties and demerit points; municipalities and provincial authorities collect fines, which are then accounted for in public finance processes. When disputing a fine, act promptly, follow the timelines in the notice, gather evidence, and if necessary, obtain legal assistance.

Biography

Jolané van der Walt is an admitted attorney of the High Court of South Africa, with more than a decade of experience in civil, family, criminal and labour law matters. She holds both an LLB and a Master of Laws (LLM) from Stellenbosch University, where she also lectured for three years. She has further enhanced her legal expertise by obtaining certificates in Labour Law from the University of Cape Town and Medical Law from the Legal Education and Development (L.E.A.D) division of the Law Society. Jolané has been with Legal Hero for seven years and is our Head of Legal (Legal Insurance Policies & Value Added Services).