Concern over amended traffic by-laws fuelled by impoundments reaches boiling point

A Honda was recently impounded by the City’s law enforcement for not having its front bumper affixed. According to mayco member JP Smith, the number plate was "in the vehicle and could be attached, when needed, with Velcro".

A Honda was recently impounded by the City’s law enforcement for not having its front bumper affixed. According to mayco member JP Smith, the number plate was "in the vehicle and could be attached, when needed, with Velcro".

Published Aug 3, 2023

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Tempers and debates have been flaring in local motoring and motoring enthusiast circles following the implementation of the City’s amended traffic by-laws, especially that of vehicle impounds.

This week, concerns around the amended traffic by-laws came to boiling point as protest action ensued with backlash in the local motoring and car stance fraternity as well as the taxi industry.

Some motorists said they believed they were being targeted by law enforcement officers “who themselves are not familiar with the by-laws”.

Speaking on condition of anonymity out of fear of reprisal, a motorist and car-stance enthusiast, said the by-laws were victimising people.

“Many times we are stopped at or after events that especially gets a lot of attention. The traffic and law enforcement officers make it so difficult or discouraging to come out and enjoy weekly stance events where people with a shared passion for cars get together.

“We know there are rotten apples in the lot that gives us a bad reputation and in those cases, the law must take its course – we totally understand that. But as much as we are law-abiding citizens, we also want these officers to familiarise themselves with the scope of the by-laws to avoid having unnecessary impounds.”

Acclaimed hip-hop DJ Deon Daniels, better known as Grandmaster Ready D, who shares a passion for motoring sport and drifting, and who spearheads a road safety programme, SaferRoads4All (SR4A) said: “We are on a slippery slope as far as the City goes but when it comes to SR4A we definitely are trying to make the roads safer. We are pushing to work with the City as well to work with us on a few projects as well. As far as the vehicle impounds go, I know that is leaving a lot of people disappointed and upset and that is why we are always going to find a lot of conflict and things popping up on social media.

“If vehicles are on the road and its unsafe and its illegal then by all means, the City needs to step in.

“Where things get extremely sensitive is where things come to motoring trends and culture. There are so many people who grew up in motoring culture and are passionate about their cars and motorcycles. So it’s something that has been inherited and comes with a lot of emotion as well. A lot of people feel that the City is disrupting that trend and that culture.

“My view is that we need to breach that gap between law enforcement and the community and listen to both sides of the story. People out there are wanting to understand these by-laws and how it actually works and I know there are others who believe there are double standards. However, at its core, we all want the roads to be safer and we have to find a way to work together to reach that desire,” said Daniels.

Mayco member for safety and security, JP Smith, said there have always been impoundments of illegal public transport vehicles, even before the introduction of the amended by-law.

“The amended by-law does not regulate impoundments of public transport vehicle exclusively… The by-law’s main focus is to provide for the regulation of public transport, municipal roads and traffic and safety on public roads.

"It should be noted that the enforcement of the by-law applies to all road users equally across the metropole. The City has a responsibility to protect road users and will apply the rules of the road," said Smith.

To have an impounded vehicle released and you are not the registered owner of the vehicle, you need your ID book, a recent copy of the registration certificate of the vehicle, (not older than 3 months) a letter of authorisation from the owner and a recent copy of the owner’s ID (not older than 3 months), and in the case of the death of the registered owner, an original or certified copy of the death certificate, a high court order for an executor of the estate and an Inventory of Assets form must be provided (not older than 3 months) before the vehicle can be released.

If it is a company vehicle/ rented vehicle, you will need to provide a business card or work identification, or proof that you are the proxy, as well as authorisation from the owner.

If you purchased the vehicle, but have not yet registered it in your name, you must provide the registration certificate and receipt of purchase, or a letter from the registered owner stating that the vehicle was sold to you, and a copy of the owner’s drivers licence.

The motor vehicle must have a valid motor vehicle licence.

Before the vehicle is released, you will need to provide the Impoundment receipt given to you by the officer when the offence was committed, pay the impoundment fee (R7 000 for first offence, R10 000 for second offence and R15 000 for third and consecutive offence for operating without a valid operating licence) or (R2 500 for first offence, R5 000 for second offence and R10 000 for third and consecutive offence for operating contrary to conditions of the operating license) and R2 500 for the actual traffic fine.

For more information, visit: https://www.capetown.gov.za/City-Connect/Pay/Driving-and-vehicles/Impoundments/Pay-impoundment-fees

Cape Times