Imagine this, you get home after a hectic day at the office, your child just messed his juice all over the backseat of the car. To get a breather from the days chaos, you slip out to fetch the post and see a letter from the local traffic department. “How much this time?”, is the question on your mind, except after you’ve opened the letter you see the fine doesn’t have an amount, instead it tells you you can expect to be summoned to court.

What now? 

Well, what you have received is a No Admission of Guilt fine. If you’ve received this type of fine, it means that you have violated Section 35 of the National Road Traffic Act, which reads as follows:

35. On conviction of certain offences licence and permit shall be suspended for minimum period and learner’s or driving licence may not be obtained
  (1) Subject to subsection (3), every driving licence or every licence and permit of any person convicted of an offence referred to in –
    (a) section 61 (1) (a), (b) or (c), in the case of the death of or serious injury to a person;
      Offence above: (a) Failing to immediately stop the vehicle and report the accident, (b) ascertain the nature and extent of any injury sustained by any person or (c) if a person is injured, render such assistance to the injured person as he or she may be capable of rendering.
    (aA) section 59(4), in the case of a conviction for an offence, where-
      (i) a speed in excess of 30 kilometres per hour over the prescribed general speed limit in an urban area was recorded; or
      (ii) a speed in excess of 40 kilometres per hour over the prescribed general speed limit outside an urban area or on a freeway was recorded;
      Offence above: Disobeying the speed limit applicable to that road and/or the class of vehicle driven at the time of the offence.
    (b) section 63 (1), if the court finds that the offence was committed by driving recklessly;
      Offence above: Reckless or Negligent Driving
    (c) section 65 (1), (2) or (5),
    where such person is the holder of a driving licence or a licence and permit, shall be suspended in the case of –
    (i) a first offence, for a period of at least six months;
    (ii) a second offence, for a period of at least five years; or
    (iii) a third or subsequent offence, for a period of at least ten years, calculated from the date of sentence.
      Offence above: Driving under the influence of alcohol or a drug having a narcotic effect
  (2) Subject to subsection (3), any person who is not the holder of a driving licence or of a licence and permit, shall, on conviction of an offence referred to in subsection (1), be disqualified for the periods mentioned in paragraphs (i) to (iii), inclusive, of subsection (1) calculated from the date of sentence, from obtaining a learner’s or driving licence or a licence and permit.
  (3) If a court convicting any person of an offence referred to in subsection (1), is satisfied, after the presentation of evidence under oath, that circumstances relating to the offence exist which do not justify the suspension or disqualification referred to in subsection (1) or (2), respectively, the court may, notwithstanding the provisions of those subsections, order that the suspension or disqualification shall not take effect, or shall be for such shorter period as the court may consider fit.
  (4) A court convicting any person of an offence referred to in subsection (1) shall, before imposing sentence, bring the provisions of subsection (1) or (2), as the case may be, and of subsection (3) to the notice of such person.
  (5) The provisions of section 36 shall with the necessary changes apply to the suspension of
a driving licence or a licence and permit in terms of this section.

The severity of this is that, an offence of this nature is deemed a criminal offence and on conviction of any of the offences sited in this section of the NRTA, the offending individual will incur a permanent criminal record. Whilst many individuals may find themselves in luck and receive such a notice in the mail, many others who are stopped on the spot are arrested where the standard procedure will take place:

  • You will be taken to a police station and detained whilst your fingerprints are taken and a criminal docket is registered against your name.
  • You may be released on bail to appear in court at a stipulated date and time on the criminal charges that have been brought against you.
  • Failing to appear in court will lead to a Warrant of Arrest being issued against you.

Should you decided to pay and admission of guilt fine which can be up to the value of R25 000, without going through the motions of a trial, you will still incur a criminal record. 

At SA Fines, we completely remove the worries surrounding NAG’s by completely removing the NAG for as little as R2500.00, without the need to go to court and stand trial for the offence.