The short version …
- The revised Scale of Fines came into effect from 24 March, 2017, BUT …
- The only real change affecting motorists, is $20 traffic fines can change to $30
- DO NOT ACCEPT a $30 fine until the revised Schedule of Deposit Fines is issued to ZRP. Until that time, the maximum fine that can be imposed at the roadside remains $20.
- If any member of ZRP attempts to fine a motorist $30, before the new fines schedule is issued, report him or her, and tell Road Users Association about it.
The longer version …
The Scale of Fines was one of the amendments to the Finance Act, gazetted on Friday, 24 March 2017. The attached schedule shows that Level 1 is now $10 (was $5), Level 2 is $15 (was $10) and Level 3 is $30 (was $20).
Based on the current levels in the fines schedule, the only change we need to be concerned about is Level 3 increasing to $30. Level 1 and 2 fines have been set at $10 and $15, respectively, since the current Schedule of Deposit Fines was implemented in February, 2016 (but only legalised through Friday’s gazette, 13 months later). Therefore, the only change we anticipate is that an offence currently set at $20, will increase to $30.
The increase is already legal, although still has to be formalised through a revised Schedule of Deposit Fines. This document is not required to be gazetted, but must be formally made available to ZRP before they can impose the new Level 3 fine of $30.
Motorists can ignore the gazette’s effective date of 1 January, 2017. It took parliament a while to address the Finance Act amendments, and back-dating of traffic ‘spot’ fines is both impossible and unconstitutional.
We also take this opportunity to advise motorists to be realistic about the Form 265. Despite the messages circulating, it is NOT available as an option. ZRP have withdrawn motorists’ rights to a court appearance or payment of a fine at a later date. Although a legal requirement, the Form 265 book is simply not available at roadblocks or police stations.
If you feel uncomfortable with how you are being treated as a motorist, you CAN make a difference.
Find out more by visiting www.rua.org.zw and following us on Facebook.
Thank u
So if ZRP have withdrawn the right to a court appearance or option to pay in 7 days, and you genuinely do not have cash or sufficient electronic funds at the time – then what ??
So do we have ANY rights?
If accused of doing something we are innocent of, what do we do?
Does this mean that Spot Fines are now legal?
Why is Form 265 not available as an option?
In State v Babbage (Case HB-157-12) Justice Cheda ruled:
“A police officer cannot and should not insist on a spot fine on the basis that he is not in possession of a ticket book. A ticket book is a necessary administrative tool for executing his duties. A police officer’s failure to carry relevant stationery cannot be used to curb and/or infringe people’s rights.”
More recently in case 17-HH-113 Justice Muremba stated that he “fully subscribed” to Justice Cheda’s ruling, restating the above.
Thank you people. I was fined for cosmetic defects blue tint on headlights. Writing not clear but is something like 68 of rt.. 129 of 15. Police officer did not show me on request. Someone please help if this exists