E-TOLL TERMS AND CONDITIONS NOT UNFAIR OR ILLEGAL
SANRAL has noted the article which appeared in the Star titled "e-tag billing shock: Sanral's toll account clauses are ‘unfair and illegal'.
SANRAL denies that its terms and conditions are either unfair or illegal. The article constitutes emotive journalism which not only lacks substance but fails to provide any reasons for the allegations made.
SANRAL addresses the five primary allegations which appear in the article as follows:
"At the centre of their concerns is clause 33 of SANRAL's terms and conditions, which states that: "The user hereby irrevocably authorises the Agency or its duly authorised agent to obtain from any institution where the user may have an account, or from any credit bureau, any information concerning the user. This clause constitutes consent and an instruction to each such institution to disclose such information to the Agency or its agent. Dr Cliff Johnston, from the SA National Consumer Union (Sancu), said this goes against the Financial Services Act, which states that an institution may not request more than is needed.
Response: Nowhere in the conditions does it indicate that SANRAL would obtain more information than it otherwise needed. The information required may differ from person to person and accordingly the reason for the provisions of the clause. As to whether SANRAL obtained more information than may be permitted is a factual issue which can be addressed at the relevant time. Such clause would not allow SANRAL to transgress the requirements of legislation and SANRAL would not seek to do so. SANRAL and the institutions or credit bureaux from whom the information may be obtained are all subject to the laws of our country.
"Sanral's information is correct unless you can prove otherwise. So if someone fraudulently copies your licence plate, Sanral will remove money from your account. How are you going to prove it wasn't your car? This is illegal in terms of the Consumer Protection Act.
Response: The identification of users by way of e-tag is clear in that it is the e-tag affixed to a specific motor vehicle which is identified at an e-toll plaza. In addition and notwithstanding that the e-tag is the method initially used to identify the vehicle, the e-tag cross references the number plate of the vehicle registered with SANRAL. The use of both identifying methods and by further identifying the vehicle itself (which will take place by virtue of the vehicle being photographed) will greatly assist in preventing fraudulent transactions. Information is therefore available to assist in identifying vehicles and preventing fraud. The mere copying of a licence plate will not result in a user becoming liable for another party's toll charges. E-Tolling and the systems implemented will, to the contrary from that stated in the article, greatly assist in preventing fraud and in particular the cloning of number plates. SANRAL denies that this provision is contrary to the requirements of the Consumer Protection Act or any law.
"Another controversial term was that you must supply Sanral with your bank account details giving it access to debit money from the account ‘once the user's e-toll account balance goes below the user's predefined top-up threshold level'
Response: The user contractually agrees to this and regulates its requirements by setting pre-determined top-up threshold levels. SANRAL does not determine these levels. This is no different to the way in which many accounts are dealt with such as municipal accounts and cell phone accounts where the service provider is instructed to debit monthly charges from a user's account. There is nothing controversial or illegal in such a provision. Please note that automated top up is only one of the options available to the user. Other options such as cash payment and electronic funds transfer are also available and are controlled by the user.
"For road users who do not register for an e-tag, Sanral's terms are that motorists must pay for the toll within seven days or they will be punished. But Johnston said this was impossible as it would take far longer for the notice to be posted to you and payment made.
Response: A user who elects not to register has the responsibility to go to a customer service centre, after use of the toll road (but is granted a grace period of seven days within which to do so), and make payment of their toll charges. Users should not wait for a notice to be posted to them. Conditions to be published by SANRAL in terms of section 27(1)(b) of the SANRAL Act will make this clear in respect of users who elect not to register with SANRAL for purposes of payment of toll.
"...there is no clarity on how disputed amounts will be refunded; there are undisclosed administration fees (R5 for posted statements and 20c for each SMS); identification by e-tag as opposed to number plate is unclear; and certain road users (minibus taxis and buses) are exempted, leading to unfair discrimination.
Response: SANRAL will, prior to the commencement of tolling, provide guidance on the applicable procedures at the time of commencement of tolling and when amounts become payable. Administration fees will be identified on SANRAL's website and are not unusual for these types of transactions and are most certainly not unfair or illegal. The charge of R5.00 for posted statements will only apply where users elect to have their statements posted to them. SMS and e-mail notifications will attract no charge. The exemption granted to public transport services is not discriminatory and is granted by virtue of the public service which they provide. Due administrative process has and will be followed in this regard.
Statement issued by The South African National Roads Agency SOC Limited, January 17 2012
Click here to sign up to receive our free daily headline email newsletter
