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- City of Cape Town traffic officials can now impound vehicles on the spot for various reasons.
- No numberplate, vehicle or driving licence warrants an impoundment.
- There are several things motorists should be aware of when their vehicle is impounded.
Western Cape motorists are driving around with fear since the new Traffic By-law of 2021 has come into effect as of 1 July, well at least for some. It means law officials can impound your car on the spot for various reasons such as an expired vehicle licence, not having a valid driving licence with you, no numberplate or an incorrectly displayed one.
Alderman JP Smith, Mayoral Committee Member for Safety and Security, told News24 Motoring that motorists will still be fined under the City of Cape Town Traffic By-Law, 2021, but vehicles can be impounded straight away under certain By-Law offences if deemed necessary.
WATCH | No licence, no numberplate... no car: Cape Town impounding vehicles under new Traffic By-law
Other reasons also include illegal modifications or having tyres in bad condition where the wire might be sticking out, or the surface of your tyres are smooth and have no tread. While new car owners hardly have anything to worry about, most of the vehicles on South African roads are much older models. The City says if your car is roadworthy and everything is in order, you really have nothing to worry about.
But what about ANY aftermarket modifications; would this warrant impounding too? Many vehicles have different lights – which in some cases could be used to improve safety, for example, or different shocks etc. Alderman Smith says: "Altering the vehicle manufacturers specifications which would lead to the vehicle being deemed unroadworthy, would most likely warrant an impoundment."
This leads to the question we often ask, if aftermarket equipment like different lights and suspension parts are illegal on vehicles, why are companies allowed to sell them in South Africa, leading to cars being impounded?
"There is no law that prohibits the sale of these products. You cannot use these products on your vehicle and then operate the vehicle on a public road. For example, if you have a vehicle that you race with at Killarney and you fit these products to your vehicle and transport this vehicle to the venue on a trailer, then it is not illegal to purchase or equip your vehicle with these parts/kits.", says Smith.
Read the full Traffic By-law document here.
If you do find yourself in the situation of your vehicle being impounded, there are a few things you need to know, according to the new By-law, under Chapter 11, Impoundment of Vehicles; 62. General provisions relating to the impoundment of vehicles:
The authorised official must issue the vehicle's driver with a receipt for the vehicle being impounded, which must –
(a) (i) state the physical condition of the vehicle, clearly identifying any dents or damage to the vehicle; and
(ii) include a list of accessories on and in the vehicle at the time of impoundment;
(b) state the address of the pound where the vehicle will be kept;
(c) state the operating hours for the release of vehicles from the pound;
(d) describe the costs that may be payable before the vehicle may be released;
(e) inform the driver that the driver or the owner may make written representations regarding the impoundment and provide the name and contact details of the official to whom representation regarding the impoundment may be made;
(f) set out the date and time by which representations must be made;
(g) inform the driver of the vehicle of the maximum period of storage;
(h) provide information on the application process for the extension of the maximum period of storage; and
(i) inform the driver of the vehicle that the vehicle may be sold or destroyed if not retrieved within three months of its impoundment.
(4) The authorised official must retain a copy of the receipt issued to the driver of the vehicle being impounded, which serves as prima facie proof of the vehicle's condition at the time of impoundment.
(5) If the driver is not the vehicle's owner, the authorised official must serve a copy of the receipt on the vehicle's owner by registered mail at the address recorded against the owner's name in the register of vehicles in the National Traffic Information System as defined in section 1 of the Act.
(6) The City may charge a daily or monthly tariff for storage of impounded vehicles. - News24 Motoring is investigating what all these costs may be and will update this article once we have more information. Currently, the rimpoundment fee is R2 500.
(7) The City may levy an impoundment fee for the vehicle's impoundment.
(8) The City may recover from the vehicle's owner costs and fees relating to the vehicle's impoundment, transport and storage in terms of its Credit Control and Debt Collection Policy and the Credit Control and Debt Collection By-law, 2006.
(9) Owners of impounded vehicles will have three months from the date of impoundment within which to retrieve their impounded vehicles.
(10) The City may, upon the owner's written application, extend the storage period before the end of the three-month period referred to subsection (9), provided that extension is not granted more than twice.
Our next article will explain what you need to get your car roadworthy if it has been impounded.
