(1)
| (b) | In the event that a representation is successful as a result of prescribed procedures not being complied with, that infringement notice, courtesy letter or enforcement order may be served again on that infringer in the prescribed manner within 40 days from the date that the representation was finalised, provided that the infringement notice, courtesy letter or enforcement order must not be served later than 180 days from the date the infringement was committed. |
[Section 18(1) substituted by section 8(a) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
| (2) | Representations under subsection (1) are made by submitting a sworn statement or affirmation to the Authority in the prescribed manner, indicating the existence of reasonable grounds why the infringer should not be held liable for the penalty payable in terms of the infringement notice. |
| (3) | No representations are valid unless the sworn statement or affirmation referred to in subsection (2) is submitted not later than the period specified in section 17(1)(f) or section 19(2)(b). |
(4)
| (a) | The representations officer must, in the prescribed manner, inform the issuing authority concerned if representations indicating the existence of reasonable grounds why the infringer should not be held liable for the penalty have been received. |
| (b) | Any representations contemplated in paragraph (a) must be submitted to the Authority, as prescribed. |
[Section 18(4)(b) substituted by section 8(b) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
| (5) | A representations officer— |
| (a) | must duly consider the representations and any reply thereto; |
| (b) | may conduct independent investigations to verify the facts; and |
| (i) | allow the representations if there are reasonable grounds indicating that the infringer should not be held liable for the penalty payable in terms of the infringement notice; or |
| (ii) | reject the representations if there are no such reasonable grounds. |
| (6) | If the representations are allowed the Authority must forthwith cancel the infringement notice, and inform the infringer in the prescribed manner of the decision. |
| (7) | If the representations are rejected, the representations officer may advise the infringer of his or her right of review or appeal to the Tribunal and must serve or cause to be served on the infringer a prescribed written notification informing him or her— |
| (a) | of the reasons for the decision, and provide the issuing authority concerned with a copy thereof; |
| (b) | if the infringer does not exercise the right to review or appeal— |
| (i) | that the penalty, the prescribed representations fee and the prescribed fee of the courtesy letter, if any, are payable to the Authority or that the arrangements are made with the Authority in the prescribed manner to pay in instalments, not later than 32 days after the date of service of the notification; and |
| (ii) | that failure to pay the penalty and fees or to make arrangements to pay in instalments will result in an enforcement order being served on the infringer and that the infringer will become liable to pay the penalty and fees and the prescribed fee of the enforcement order; and |
| (c) | if the infringer elects to exercise the right to review or appeal that the provisions of Chapter IVA apply. |
[Section 18(7) substituted by section 8(c) of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
| (8) | If an infringer pays the penalty and fee as contemplated in subsection (7)(b)(i), or makes arrangements to pay in instalments, the Authority must— |
[Words preceding Section 18(8)(a) substituted by section 9(b) of Act No. 72 of 2002]
| (b) | record the demerit points incurred by the infringer in the National Road Traffic Offences; |
| (c) | notify the infringer by registered mail in the prescribed manner that the demerit points have been recorded against his or her name in the National Road Traffic Offences in respect of the infringement in question; and |
| (d) | provide the infringer with a printout of the demerit points incurred to date, together with an indication of the number of points left before his or her driving licence, professional driving permit or operator card is suspended in terms of section 25 or cancelled in terms of section 27. |
[Section 18 shall come into operation (a) 1 December 2025 and, (b) 1 April 2026 respectively per Proclamation 274 of GG53099, dated 1 August 2025 as shown in Annexures A and B]
