JEDDAH: Complaints from motorists continue to abound over the Saher traffic camera system that automatically sends out fines to the owners of offending vehicles, and drivers lament not just the lack of speed limit signs on the roads but also question the legality of a system in which offenders are often not even aware of the law they are told they have broken. They also question whether the same rules apply to Saher operators themselves. “I was driving along when I suddenly saw one of the Saher mobile camera vehicles stationed on the central island of a main road, holding up traffic in a clear violation of the rules,” said Sa'ad Al-Shehri. “Does the Traffic Department fine the Saher operating companies for stopping in the middle of the road and being a potential cause of accidents, I wonder?” Al-Shehri is not the only person with unanswered questions. The recent conflict in Madina between Saher companies and the Mayor's Office provoked considerable debate over whether the municipality should not also be fining the operating companies given that it hands out fines for illegal advertising hoardings and signs on bank ATM machines, while the Saher companies take over parking space and erect cameras in the middle of the street. “There's no way we can know what the rules are for the Saher companies without seeing the contracts they have signed with the Ministry of Finance,” said Nasser Al-Harbi. “They might be permitted to park wherever they want and use streets and squares without having to pay mayoralties or municipalities.” Motorist Fahd Al-Ghamdi believes that the increase placed on unpaid fines is “illegal”. “Why are Saher fines increased when they're not paid on time? Wouldn't it have been better to create a different way of collecting fines, such as through loaning banks or state companies that give out fixed fines for failing to renew residency permits or informing authorities of births late?” Al-Ghamdi cited the example of other countries where revenues from motoring fines go “straight back into public services and not into the pockets of companies”. “Civil society organizations and charities are the ones who should be receiving the money from Saher fines, not the companies who work with a completely free rein, jumping into action every day to make as much money as possible before their contracts come to an end,” he said. Lawyer Nawwaf Aal Ghalib believes that Saher's current system of operation is against the law. “Using fixed and mobile radar cameras to issue fines via the Internet or text message, paying fines through local banks and recording fines in the name of the vehicle owner and not necessarily the driver who committed the offense, is a clear breach of state law,” he said. “Article 38 of the Basic Law issued by Royal Decree states that personal penalties must be based on a Shariah or legal text, which shows that what is currently happening in penalizing the owner of the vehicle without taking into consideration who the actual driver was, is a clear breach of the text.” Aal Ghalib also cited Articles 81, 67, 73 and 75 as stating that the penalized person has the right to object to the penalty with the relevant authorities, that three copies of the violation should be made with one provided to the offender, and that the offender has the right to object to it before the relevant court within 30 days of the violation being issued. “The traffic cameras are a form of identifying violations, so the violator cannot be forced to pay the fine until the issue has been looked at by the court, according to the law,” he said. “Even then, the court's ruling would not be final, as the offender still has the right to object to the verdict and the court can halt the execution of the penalty, bringing into effect Article 81, as the penalty should be directed at the person who committed the offe nse personally, and not the vehicle as currently occurs.” He also noted that other articles of law supersede Traffic Law and annul any rulings that contradict them, and that until that situation is redressed the current Saher procedures are in violation. “Under current law, Saher cameras should only be permitted to register offenses and pass the offender on to the specialized traffic court to resolve the issue,” he said. Aal Ghalib added that “drawing attention to the legal inconsistencies in the way the system is applied does not constitute an objection to trying to curb traffic violations”. “The point is to bring in a system that is consistent with the instructions of the leaders of this country and not one that is in violation,” he said.
