HOW SANRAL WILL MAKE YOU A CRIMINAL

As you are all aware, motorist in Gauteng will be paying “toll fees” for the use of the new
upgraded Gauteng freeways, to fund the Gauteng freeway development project.

Instead of motorist being billed monthly and receiving a statement for the usage of the E-Toll roads and which usage is linked to your motor vehicle license plate number (VLN),


AFTER READING THIS DOCUMENT PUT TOGETHER BY A LAWYER I WILL NOT REGISTER AND WILL NOT PAY. I AM NOT GOING TO FUND THIS FAT CATS ANYMORE WE HAD ENOUGH. I THINK THAT WE AS A CIVIL SOCIETY SHOULD STAND TOGETHER AND FIGHT THE TOLL ROADS

WE ARE GATVOL OFF PAYING FOR THESE FAT CAT GOVERNMENT ASSHOLES. LET THEM COME WE WILL FIGHT THEM.
WHAT DO YOU THINK?
READ AND WEEP

Sanral is currently pushing and encouraging motorist to rather purchase an E-Tag and to register as an ETag user, or to register as a VLN user.

In return for purchasing and registering as a E-Tag user / VLN user they promise that motorists may then qualify and be entitled to discounts, be categorized as either a E-Tag user or a registered VLN user to be entitled to discounted tolls.

Should you elect not to register with Sanral, you will however not be entitled to any discounts or lower tariffs.

At first glace and when comparing the normal toll rates, to that of the discounted toll rates when you elect to register, the normal and reasonable uninformed motorist would be guided only by the discounts when signing up for registration.

After perusal of Sanral Terms & Conditions however, and which must be signed prior to
registration, you will immediately note that the advantages of registering as an E-Toll user is very limited and comes with various onerous and one sided terms and obligations favoring only Sanral. Many clauses in their terms and conditions are being viewed by ourselves as well as other institutions as being either unlawful or in contravention of the Consumer Protection Act.


DISADVANTAGES FOR MOTORISTS WHO ELECT TO REGISTER AS AN E-TAG
OR VLN USER

1. The discounts promised, and categorization as a registered E Tag user will not apply
to all toll roads.
2. The onus is placed on the registered E-Toll user to establish their user categorization
and/or the tolls applicable to a specific E-Toll road. The motorist can obtain the
information from Sanral website.

3. A motorist who registers and thereafter fails to comply with any of Sanral’s
prescribed terms and conditions, will be deemed to be an E-Road violator and their
account can be referred to a collection agency called “Violations Processing Centre”
which is a division of Sanral itself. (See paragraph 2 of Sanral terms & conditions).

4. Motorist who register will be billed and will be liable for toll transactions recorded
according to the user VLN or E-Tag.


5. Motorist who register agree and understand that their liability to incur toll when the
motor vehicle passes a tolling point and that the amount of toll is calculated with
reference to the tolling point and not with reference to the KM traveled before the
user reaches the tolling point.

6. Motorist who register are given 3 payment options for topping up their E Toll
accounts namely, Pre-Paid Accounts, Manual Top Up Payments, Automatic Top Up
Payments, all associated with the risk taking into account that you are contracting
with a wholly owned State Company where corruption is at the order of the day.

7. Motorists who register further agrees and undertakes to ensure at all times that there
is sufficient funds in the E-Toll account and should you fail to make sufficient
payments into your E-Toll account will give Sanral the right to hand over your
account to VPC for collection purposes.

8. Motorists who register and who elect to link their E-Toll account to a credit card bank
account, debit card further authorizes Sanral to
:a. debit the motorists account to fund the E-Toll account for Toll fees incurred when raised;
b. undertakes to ensure that sufficient funds are available in the account;
c. places the duty on the motorist to notify Sanral of bank account detail changes.

9. A registered motorist undertakes and agrees to settle all E-Toll transactions within
any period required by Sanral.

10. Should the registered motorist fail to make payments when required to do so, Sanral
will have the right without notice to the motorists to suspend the motorist account, to
red list the E-Tag and to hand the account over for collection to VPC.

11. The registered motorist further agrees that failure to make payment in respect of an EToll transaction in terms of the terms & conditions may result in criminal proceedings (you become a criminal and are on the same level as murders rapist etc.)
against themselves.
12. By registering the motorist agrees and understands that a statement of charges will be available on the E-Toll website for download and that should hardcopies be
requested, that Sanral will have the right to charge for furnishing such copies.

13. Registered motorists agree that any payment made to Sanral will be utilized against
the oldest charge to the most recent.

14. Registered motorist E-Toll account will be suspended if not used for a period of 12
months and will have to be reactivated. (at a charge).
15. Registered motorist agrees further that Sanral will not be held responsible for any loss.or damage a motorist may suffer as a result of incorrect banking details being provided by the user and captured by Sanral except for instances where Sanral or its
agent acted with gross negligence.

16. Registered motorists agree to be liable for additional fees and attorney charges which may be incurred by Sanral in the collection of outstanding E-Toll amounts.

17. Registered motorists further consent to the onerous provision that it will be deemed
that the fees charged by Sanral are correct and the onus is placed on the motorist to prove that such charges are incorrect.

18. Registered motorists will not be provided with a receipt when they proceed through the tolling point. A tax invoice may however be requested but then at the expense of the motorist.

19. By registering for an E Tag account the onus is placed on the motorist to change the
motor vehicle details linked to the E Toll account when you lose possession of the
vehicle or where ownership in respect of the vehicle is transferred to a third party.
Failure to do so will mean that the motorist will remain liable for any E-Toll charges
incurred.

20. By registering the motorist acknowledges and accepts that by purchasing an E Tag
and registering same does not in itself necessary result in a valid passage on an E Toll
Road and that you may be prevented by Sanral to continue driving on the E Road.(If you are in arrears they can stop you and as said in the press “take your vehicle”)

21. By registering, the motorist agrees and accepts that Sanral will be entitled and without notice to the motorist to suspend an E Toll account and to Red List an E Tag, for failure of any of Sanral terms & conditions. Should the motorist later prove that there was no transgression of Sanral terms & conditions, they will have no claim against Sanral as in terms of the agreement such claims are waived by the motorist in favor of Sanral.

22. Whilst ownership in the E Tag and E Tag holder remains the property of Sanral the risk of loss, theft or damage passes to you upon delivery.


23. By registering, the motorist irrevocably authorizes Sanral or its duly authorized agents to obtain from any institutions where they may have an account or any credit bureau any information concerning themselves.

24. By registering the motorist further acknowledge and accepts that Sanral may unilaterally update and amend their terms & conditions and that the motorist has consented to such amendments and has agreed to abide by such amended
terms & conditions.

25. By registering for an E Tag, the motorist is affording Sanral a blanket indemnity for any wrong doing, loss or damage that the motorist may have suffered by using the E road.

26. A registered motorist further agrees to an unlawful provision in consenting to the jurisdiction of the Magistrate’s Court of Pretoria in respect of all matters arising out of the terms & conditions.

ADVANTAGES FOR MOTORIST WHO ELECTS NOT TO REGISTER AND RATHER PAY THE NORMAL TOLL RATE TARIFFS

1. Motorist will be billed for the use of the E Toll, without automatically being liable for
such use, in the event of receiving incorrect readings from Sanral, theft, cloning of
number plates, or the cloning of a motorist personal information etc

2. The onus will be on Sanral to prove that it was the motorist’s vehicle that traveled the
recorded distances.

3. Payments will be made and effected by the motorist into a Sanral bank account.

4. Sanral’s collection division (VPC) will have no jurisdiction over non registered
motorists.

5. Motorists will be entitled to monthly statements without any charge.

6. Motorists would be entitled to dictate how payments be allocated in respect of Toll
road usage.

7. Motorists who do not register would not automatically be liable for additional fees or
attorney charges.

8. The onus remains on Sanral to prove that the fees charged and for which the motorist
is debited are correct.

9. Until an exemption notice is published motorist will be entitled to a receipt when
paying for E Toll road usage.

10. In the event of a dispute with Sanral regarding outstanding charges, Sanral will not
have the right to prevent the non registered motorist from continued use of the E Toll
road.

11. Losses suffered by non registered motorist can be recovered by way of civil action
.
12. Sanral will not have the right to have access to any private information of a non
registered motorist.

13. Sanral will not have the right to amend any terms & conditions without the motorist
agreeing to such amendments.

14. In the event of litigation, Sanral will have to issue a civil Summons or proceed criminally against the motorist in terms of the Criminal Procedure Act and will be forced to litigate against the motorist in a Magistrate’s Court who has jurisdiction over that motorist. (It is unlawful to consent to the jurisdiction of a specific
Magistrate’s Court).

I just hope WE will all stand together and fight this, we tend to talk the talk with these issues.

Cosatu will stop these rogues,rolling mass action all of next week

I was at the Lakeside Mall in Benoni today and for the first time ever saw a line of about 5 people registering for etags

Union federation Cosatu will encourage its two million members to take part in a national protest against the e-tolling system, it said on Tuesday.

“The Congress of SA Trade Unions is mobilising its two million members for the mother of all protests against the act of highway robbery set to be committed from 30 April 2012 - the Gauteng e-tolls,” spokesman Patrick Craven said in a statement.

“We are confident that we will be joined by many thousands more angry residents and motorists who support our demand for the scrapping of these tolls.”

Cosatu is planning several rallies, marches, demonstrations and night vigils at the offices of the SA National Roads Agency Limited (Sanral) and the transport department across the country from April 23.

These would lead up to a large “national stay-away or socio-economic strike” on April 30.

Craven said opposition to the tolls was “overwhelming”, especially to the new punitive rate which will be applied to motorists who do not get windscreen-mounted e-tags.

“These threats will have the exact opposite effect. They will infuriate people and make them even more determined to follow Cosatu's advice not to register and not to buy an e-tag,” he said.

“In the end, however, it is the pressure of the masses which will force government to back down. People power has brought down governments in North Africa; it can surely stop this assault on our living standards.”

On March 7 thousands of people participated in Cosatu's nationwide march against the tolls.

Sanral gazetted the new tariffs on Friday.

Alternate users (people without e-tags) will be charged R1.75/km, compared to the standard tariff of 30c/km for registered users.

It said the higher fee was because of the need to recover costs, including invoicing and debt collection.

On Tuesday, several organisations and political parties raised concerns about the tariffs and asked Sanral to postpone the launch.

The SA Chamber of Commerce and Industry said it was “concerned by the uncertainty” surrounding the fee system and the exemptions for public transport.

“This makes a clear case for delaying implementation until there is clarity on the toll fees and exemptions for certain road users,” it said.

Business Unity SA (Busa) called for a delay in implementation until the public's concerns had been fully addressed.

“Unless these serious practical problems can be timeously resolved, Busa sincerely believes that the magnitude of challenges facing the e-toll system in Gauteng justify delaying its implementation... to a later date.”

Afrikaner lobby group AfriForum instructed its lawyers on Tuesday to urgently prepare court papers in an attempt to stop the launch.

“The public is asked to wait for the outcome of the proposed legal action of AfriForum and other groups, before deciding whether to register for e-toll at all,” said AfriForum chief executive Kallie Kriel said.

The National Council of Societies for the Prevention of Cruelty to Animals said the tariffs would severely impact its ability to rescue animals.

“We do not receive any funds whatsoever from national or local government and exemption from Sanral was denied... (we are) now in a position whereby we shall have no option but to use public funds to pay for our vehicles to be allowed onto freeways as we go to assist animals,” it said.

On Monday, National Consumer Commissioner Mamodupi Mohlala said she would look into a complaint by the Democratic Alliance about the punitive rate. - Sapa

With less than two weeks to go before the Gauteng e-tolls are scheduled to start operating on April 30, it’s clear the war has moved into an intense and decisive stage.

And let’s not mince words: it is a war being waged between the motorist and the SA National Roads Agency – and by extension the government.

PUNITIVE MEASURES

When it was announced a few days ago that motorists who don’t register e-toll accounts would pay punitive new rates up to six times higher than e-tag users, it set up The Big Showdown. At this point the situation’s like two gunslingers facing off outside a saloon, hands trembling at their holsters, waiting for the other to blink first.

If Sanral was hoping that it would bully motorists into buying e-tags to avoid the proposed R1.75 per kilometre rate, it failed, and has again underestimated the widespread public anger at how the e-toll situation’s been handled. There’s certainly been no big rush to buy e-tags and motorists are standing their ground, emboldened by the challenges to the system being mounted by various political parties, trade unions and consumer bodies.

These include the Opposition to Urban Tolling Alliance (Outa) which lodged an application for a court interdict to prevent the tolling, with the application to be heard this coming Tuesday.

Lobby group AfriForum and at least one other organisation are also preparing legal action, whilst trade union Cosatu has announced further mass action following the march held last month.

If Sanral (which has been nicknamed Scamral) thought Gauteng motorists would meekly lie down and let themselves be overcharged for using roads, it has been sent a strong message: this gunslinger’s still standing.

Upgrading Gauteng’s freeways is justified and yes, it has to be paid for, but government has to date not satisfactorily explained why this expensive means was chosen (with millions controversially being paid to the Austrian company that built the toll gates), instead of funding it through a dedicated fuel levy in Gauteng which would still conform to the “user-pays” principle that government so vehemently touts.

SANRAL CLEARLY DESPERATE

By trying to hike the rates non-tagged users must pay, Sanral is clearly desperate and realises the mammoth task it faces in trying to bill four million Gauteng freeway users just from taking photographs of their number plates as they pass through the toll gates. Even if Sanral somehow gets the manpower and systems in place to crunch such big numbers, some freeway users will simply be impossible to track down because their vehicles have false registration plates.

My crystal ball says e-tolling will still go ahead as I believe it’s too late to stop the process. But my money’s on it not happening on April 30 as planned, and I think non e-tag holders will end up paying a lot less than currently envisaged. -Star Motoring

In a statement issued on Sunday (15 April 2012), the Opposition to Urban Tolling Alliance (OUTA) spoke out strongly against newly published e-toll tariffs, which it said would see Gauteng freeway users not registered with SANRAL paying fees six times higher than those with tagged vehicles.

New tariffs published in the Government Gazette by the Department of Transport specifies a category of road user termed “alternate user” that will pay R1.74/km when travelling the tolled freeways in a normal car.

Previously the highest rate for light vehicles was R0.58/km when travelling without an e-tag. Finance Minister Pravin Gordhan announced this reduced tariff earlier this year, along with various discounts and an exemption for minibus taxis and commuter buses.

However, OUTA noted that the newly published tariffs make no mention of exemptions for public transportation.

“In the absence of any details at this late stage, it must be assumed that they are in fact not exempt,” OUTA chairperson Wayne Duvenage said.

Duvenhage added that the absence of clarity on the criteria for exemptions has further implications for both vulnerable groups (e.g. pensioners, mobility impaired) and the tourism industry which has numerous permitted vehicles and drivers similar to minibus taxi operators.

“This once again highlights the lack of transparency and insincere approach by SANRAL which may further drive a wedge between the citizens of Gauteng and the authorities on the matter of e-tolls,” Duvenhage said.

OUTA has made the draft regulations and newly published tariffs available for download from its website.

Complicated fee structure announced in Government Gazette.

PRETORIA – Gauteng e-toll road users who choose not to get an e-tag and register, could face tariffs of up to three times the standard e-toll tariff if they do not pay their outstanding toll fees within seven days.

This means they will pay almost six times what a registered e-tag user would pay as these users receive a discounted toll rate to encourage road users to register and acquire e-tags.

The monthly cap of R550 and extra discounts for frequent users, also only apply to e-tag holders.

After the toll tariffs were published on Friday, April 13 in the Government Gazette, there has been an outcry from the Opposition to Urban Tolling Association (OUTA) and opposition political parties.

These groups contend that before the publication of the gazette no mention was ever made of these inflated tariffs and of the new category of e-road user, alternate users, who will pay the higher fees.

Wayne Duvenhage, chairperson of OUTA, said the inflated rates for people who don’t pay within the grace period is a tactic to “try and force the public to register their vehicles with Sanral.

“To date, the upper limits were indicated at R0.58c per kilometre for non-tagged light vehicles and discounted rate of R0.30c for tagged users. Sanral has now introduced a new “alternate user” category which has never been mentioned before, of R1.74c per km. This is a shocking new rate for those who do not register their vehicles on the Sanral database, tag or no tag,” Duvenhage said.

Sanral lashed out at Duvenhage after his statement, saying that “his attempts to engage in these matters might be more credible were he to familiarise himself with the manner in which legislation and regulations came into effect”.

Duvenhage called the higher rate a “bully-boy tactic to force people to register.

“One wonders on what grounds are these gross variances justified”, he said, indicating that the announcement of this new category might have implications for the conciliation in front of the National Consumer Commission that has already taken place between the DA and Sanral.

“This is only driving the wedge even deeper between government and Sanral and the public. I am afraid what could happen is that the people will revolt and that is not what you want. You don’t want this angry and aggressive relationship between Sanral and the road users. It is autocratic and does not belong in a democratic society,” he said.

OUTA’s application for an interdict to stop the commencement of e-toll will be heard in the High Court on the April 24. Duvenhage said that the process might take a couple of days considering the amount of paperwork prepared.

Sanral reiterated in its statement that users who choose not to get an e-tag or register, but still pay their fees within seven days will pay the standard tariff, which is only 1.93 times higher than the discounted rate for registered e-tag users. Duvenhage however, has serious concerns with the length of the grace period.

“If you don’t have an e-tag the invoice first has to be posted to you. How are you supposed to pay within seven days if you have not even received your invoice yet? The car rental industry has told Sanral in its concerns that it won’t be able to pay within seven days as we first have to get the payment from our customers,” he said. He also said the association has concerns about the implications of cloned number plates and users who go on leave, only to come back and find that they’ve missed the grace period.

In the gazette five different categories of users are mentioned. An example of the tolls and the criteria of each are highlighted below:

Registered e-tag user

Road user who has an e-tag and who has registered for an e-toll account with Sanral

Will be identified by e-tag and vehicle licence plate number (VLN) when passing underneath toll gantry

Three possible methods of payment:

1. Prepaid account that has enough money to cover the tolls incurred

2. Account linked to bank account

3. Other method of payment organised by Sanral

R3 for A2 (light motor vehicle)

Unregistered e-tag user

Road user who has an e-tag but who has not registered for an e-toll account with Sanral

Will be identified by VLN until registered for an e-toll account

When you purchase your e-tag it has some credit on it which will be subtracted at the rate in the next column until that credit is finished. Then the standard tariff will apply if you pay within seven days.

If not paying within seven days you will be charged alternate user rates. *

R5.80 for A2 vehicle

Registered VLN user

User who does not have an e-tag but who has an e-toll account registered with Sanral

Will be recognised by VLN

Three possible methods of payment:

1. Prepaid account that has enough money to cover the tolls incurred

2. Account linked to bank account

Other method of payment organised by Sanral

R5.80 for A2 vehicle

Alternate user

Anyone who does not fall in any of the other categories e.g. Not registered for e-toll account and doesn’t have an e-tag and doesn’t have a day pass

Will be recognised by VLN (unless you are a non-registered e-tag user whose credit is finished, see *)

Will be issued an invoice and if not paid within grace period (7 days) alternate tariff fee applies. If paid within grace period, discount is received and will be equal to standard tariff.

R17.40 if not paid within grace period.

R5.80 if paid within grace period.

These rates are for A2 vehicles.

Day pass user

User who has purchased a day pass from customer centre, valid for 24 hours from first pass under gantry. Has to be used within 30 days of purchase. Can only buy 12 passes per vehicle per year.

Will be identified by VLN.

Credit is on day pass, day price is irrespective of amount of transactions (passing under gantries)

R50 for A2 vehicles.



Sanral said that the punitive high tariff for non-registered, non-tagged users who do not pay within seven days is because of the “added costs associated with contacting the users by means of invoicing, debt collection and costs associated with recovering payment.

“Sanral’s view is that paying users should not pay higher costs to cover those who choose not to pay. As per Sanral’s governing legislation, it has long been an offence to not pay toll fees and the status quo is retained”, the agency said.

According to the detail in the gazette, there are also other discounts which motorists can qualify for. These discounts only apply if the toll is paid within the grace period of seven days.

The first is a time of day discount, where a class A1 or A2 vehicles (motorcycles and light motor vehicles) will get 25% of standard tariff deducted from the tariff the user qualifies for if the user uses the road between midnight and five in the morning on weekdays. See table 1.

The discount for class B and C vehicles (small heavy motor vehicles and large heavy motor vehicles) are highlighted in Table 2.

Another discount (which will apply on top of other discounts) that e-tagged, registered users can qualify for is the frequent user discount. It only applies to light motor vehicles and motorcycles and kicks in after a threshold of R400 is reached. It is a discount of 15% on the standard tariff until the threshold of R550 is reached where after no extra costs apply. The threshold will increase each year, according to the preceding 12 months’ Consumer Price Index (inflation).

Sanral said in a statement that its financial considerations are based on users receiving all the discounts to which they are entitled.

“We must emphasise again that Sanral is an agency of government that does not set policy. This is the role of national government. However, we would urge road users to follow recent statements from the Presidency, Department of Transport and National Treasury all of which reaffirmed government’s commitment to proceeding with e-tolling,” Sanral said.

“Sanral’s view is that no organisation has been frank and honest with the public about the severe short- and long-term consequences of abandoning this process now. Attempts to put forward alternatives have been characterised by high-level calculations that disregard the realities of building, operating and maintenance of road networks.”

With the complicated fee structure it will also become more difficult for motorists to dispute toll fee invoices if they believe it to be faulty.