The South African National Roads Agency Limited and National Roads Act, 1998

Regulations

e-Road Regulations, 2016

6. Terms and conditions for payment of toll

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(1)A registered user must pay the toll for which he, she or it becomes liable as a result of his, her or its use of an e-road at the place and subject to the conditions that the Agency may make known and determine.

 

(2)Unless payment is made in terms of sub-regulation (1), such registered user shall remain liable for the payment of all tolls in relation to the use of an e-road.

 

(3)Where a registered user does not pay the toll payable by him, her or it, the Agency must, within 90 days after the registered user has used the relevant e-road, notify the user in the manner contemplated in sub-regulation (10) of the amount of the toll payable and such toll must be paid by the said user on or before the date for payment of which the user is so notified in that notification by the Agency : Provided that the user is responsible to ensure that his or her correct address and contact details have been supplied to the Agency and that the VLN of the user is identifiable.

 

(4)If an alternate user has used an e-road he, she or it must pay the toll applicable to such use within the time and at the place and subject to the conditions that the Agency may make known and determine.

 

(5)If an alternate user who is not a registered user does not pay the toll contemplated  in  sub-regulation (4) within the time and at  the  place  and  subject  to  the  conditions  that  the  Agency  may make known and  determine,  the  Agency  must  after  a  period  of  seven  days  but  not  later  than  60 days after such alternate user has  used  the  relevant  e-road  and  unless  the  user  has  registered, notify such user in the manner contemplated in sub-regulation (10) of the amount of toll payable by such user, and such toll shall be paid by the said user on or before the date for payment of which the user is so notified in that notification by the Agency .

 

(6)The Agency may follow criminal and civil process to collect all outstanding tolls if, despite such notification being issued, the user continues to fail to pay such outstanding tolls within the period specified in the notification by the Agency.

 

(7)Despite sub-regulations (5) and (6) where a motor vehicle that has been used on an e-road cannot be identified as a result of its having no number plates, illegible number plates or number plates which are shown to be false, or where the motor vehicle is registered outside of the Republic—
(a)the Agency need not notify the user of that motor vehicle as required by sub-regulation (5); and
(b)the Agency may follow criminal and civil proceedings to collect such toll as may be owed for the use of the said motor vehicle on an e-road without first having to notify such user.

 

(8)No person may—
(a)in relation to any application made under these regulations; or
(b)in relation to the furnishing of any information which, to his or her knowledge, is to be or may be used for any purpose in terms of these regulations,

make a declaration or furnish information to the Agency or any other person referred to in these regulations, which to his or her knowledge is false or misleading.

 

(9)Any user of an e-road who, through such use, becomes liable to pay toll may request an invoice from the Agency at any e-toll customer centre alternatively may obtain an invoice on the website, failing which the Agency shall not be obliged to provide invoices to any user, save as provided for elsewhere in these regulations.

 

(10)The Agency must notify the user of an outstanding toll amount as contemplated in sub-regulations (3) and (5) above by sending—
(a)an invoice to the last known address of such user, where such user is a user with an e-toll account;
(b)an invoice to the last known address of such user, as recorded on NaTIS, where the user is identified in terms of the VLN of a motor vehicle as recorded on NaTIS; or
(c)an electronic message to the e-mail address or cellular telephone of the user.