SANRAL denies e-toll accounts terms are unfair

Wednesday, January 18, 2012

Pretoria - The SA National Roads Agency Limited (SANRAL) has denied that its e-toll accounts terms and conditions were either unfair or illegal, as reported in a Gauteng newspaper.

In the front page story titled 'e-tag billing shock' published this week, the Star claimed that SANRAL wanted access to all bank details and financial accounts of the tag holders.

But the agency on Wednesday described the article as constituting "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, including concerns in 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".

SANRAL said 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 the agency would not seek to do so.

On the claims that the e-tags were open to potential fraud, SANRAL explained that the identification of users by way of e-tag was 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," it said.