Sunday Times 2
Enforcement of traffic laws and procedures motorists should know
Read this article and keep the article safely. You may need to read it again.
Since there are doubts in the minds of motorists in paying the spot fines issued by police officers from outstations, I wish to write this article for your benefit. You may pass the contents to other motorists. If you have any further questions or clarifications, write to the writer who will happily undertake to reply you.
File picture: A traffic police officer should follow the guidelines in booking a motorist for a traffic law violation
Every time a driver/rider commits a traffic offence, the following procedure is adopted or followed by the detecting Police Officers:
1. Explain the offence committed by the driver/rider.
2. Take charge of the driving licence.
3. Issue a temporary driving permit valid to drive the class of vehicle till next court date.
4. If the offence is gazetted for the issue of a spot fine, the officer will inform the driver/rider that she/he could accept guilt for the offence and to request a spot fine in lieu of prosecution in courts.
5. In the event of acceptance of guilt, the police officer shall issue a spot fine in relation to the offence committed.
6. The driver/rider shall be directed to pay the fine within the next 14 days from the date of offence at a post office and on production of the receipt of payment the police officer shall return the driving licence to the offender.
Temporary permit
This is a permit prescribed in a form under Section 135 (4) of the Motor Traffic Act, issued to a driver/rider authorising him to drive a motor vehicle for a period not exceeding 60 days, as may be specified in the permit. The senior officer present shall sign the permit prior to the issue of the permit.
On the spot fine:
The Motor Traffic Act Chapter 203 No 21 of 1981 section 215 A reads as follows:
1. Any person who contravenes the provisions of any section set out in column 1 of the second schedule to this Act or fails to comply with any order, direction, demand, requirement or notice lawfully issued or given under the provisions of any such section, shall be guilty of an offence under this Act.
2. Any person who, on detection by a police officer, admits liability for any contravention of the provisions of any such section set out in Column 1 of the second schedule to this Act or the failure to comply within any order, direction, demand, requirement or notice lawfully issued, made or given under the provision of any such section, if he so desires may, in lieu of prosecution for the offence, make payment of a fine of the amount set out in Column 3 of that Schedule corresponding to the section specified in column 1 in respect of which he has admitted liability. Such payment shall be made at any Post Office and proof of payment shall, within two weeks of the detection, be forwarded either by personal delivery or registered post to the officer in charge of the police station named by the police officer making the detection.
Please note: Payment made at any Kachcheri has been deleted in the new amendment to the Act. Payments made at Pradeshiya Sabhas and at divisional Secretariats shall not be accepted by the Police. Payments have to be made only at the post office.
Spot Fine: is a ticket issued by the Senior Police Officer present under Section 215A (2) of the Motor Traffic act to a person for an offence. If the driver admits liability, he/she may, in lieu of prosecution for the offence, make payment of a fine of the amount set out in the ticket, at a post office within 14 days. Proof of such payment made shall, within two weeks from the day of detection, be forwarded to the OIC Traffic of the Police Station, by personal delivery or by registered post. The traffic case is then concluded and the offender will receive his/her driving licence. After 14 days from the date of offence, the driver or rider shall be prosecuted in courts, if he/she fails to pay the spot fine.
NOTE
1. If temporary permit is lost or misplaced, a fresh temporary permit/spot fine can be applied for, prior to the court date. A statement must be made at the police station, or a letter handed over, giving reasons for the loss. The OIC of the station will approve the issue of a new temporary permit or a spot fine only if he is satisfied.
2. In the event the case is pending in courts, the date in the temporary permit will be extended by the Registrar or by the Court Sergeant or by the OIC Traffic or by a Senior Officer at the Police Station, till the next court date.
3. If the driver/rider does not accept the charge made by the police officer who detected the offence, he/she may defend himself/herself in courts on the date mentioned in the temporary permit.
4. Before the end of 14 days if the driver/rider wishes to accept guilt he/she may request a spot fine and the OIC shall issue a spot fine ticket only for the balance days left from the date of offence for the payment of the spot fine.
5. In case a driver/rider is detected for an offence in Matara or Anuradhapura and a spot fine ticket is issued and he/she is unable to pay the fine at a post office because it was a holiday, he/she may return to his/her residence and pay the fine at the nearest post office immediately. Prior to the payment, he/she must take a photocopy of the documents, and then write a letter to the OIC Traffic, Matara/Anuradhapura stating the spot fine had been paid and he was forwarding all documents and request for the return of the driving licence early. The receipt (original) issued by the post office, a copy of the spot fine ticket, a copy of the temporary permit and a self-addressed envelope with a registered letter stamp pasted on it must be posted to the OIC Traffic. The OIC Traffic on receipt of the letter will immediately return the driving licence. All these procedures must be completed within 5 to 6 days from the date of offence. The driver/rider is left with 4 to 5 days prior to the date of prosecution.
6. Payment of spot fines at the Post Office and delivered under Registered Post to the OIC of the Police Station is LEGALLY VALID. (Section 215A (2) M.T. Act No.21 of 1981
Motorists need not travel back to Matara or Anuradhapura police station area which issued the spot fine ticket, to pay the fine at the post office and to collect your driving license. It is the duty of the OIC, Police Station to enter the details of the payment receipt and the registered letter reference number in the respective register and to post the driving license with the self-addressed stamped envelope from the motorists under Registered Post immediately. The motorists, on receipt of the driving licence, will return the Original Temporary Permit Receipt to the OIC Police Station, Matara or Anuradhapura. This procedure is legal and it does not inconvenience the motorists.
This procedure had been explained by me to the Motorists at seminars, TV and to Senior Police Officers at all seminars conducted by our institute.
(The writer is a retired Deputy Inspector General of Police – Traffic and director, Institute of Road Traffic Education, Colombo 6)