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Feelings of anger and despair are probably the first emotions to hit any victim of vehicle theft. Not only does it mean that one is left stranded, often far from home, but it is the beginning of a long administrative, and often costly process of travelling to the police station, short-term insurance claims and the search for another vehicle. To the majority of South Africans, the latter means buying a second-hand/previously owned vehicle.

MORE PREVENTION: MAKING LIFE DIFFICULT FOR THE THIEF

In the previous article on vehicle theft, the importance of not storing valuables inside a vehicle was mentioned. However, many people continue to store valuables inside vehicles, which can enable a thief to change a vehicle’s ownership without blinking an eye. Many people keep their vehicle’s title in the glove compartment; which will enable a thief to prove that he owns the vehicle. In addition, vehicle owners should also:

Refrain from keeping anything of value in the glove compartment, and, should not lock it, as an inquisitive thief may break it open to see what is kept inside;

check periodically to ensure that the vehicle identification number (VIN) is intact. This is the small metal plate, usually on the driver’s side where the dashboard and windshield meet.

Keep packages and valuables out of sight, and locked in the boot, including cellphones, electronic equipment; expensive sports equipment and clothing. Store these items inside the boot before you park your vehicle, as it is a dead giveaway when you remove these items from the inside of the vehicle to the boot, when already parked inside a parking area. If your vehicle has a button release, keep the boot button locked.

WHAT TO DO WHEN YOUR VEHICLE IS STOLEN

It is important that one reports a vehicle as stolen as quickly as possible after making the discovery. Call the police immediately, as speed is essential in the recovery of a stolen vehicle - any delay in reporting the theft is to the thief’s advantage. SAPS and the National Vehicle Crime Forum have the following advice to victims of vehicle crime:

Theft and robbery (hijacking) are both common law offences, and in addition the National Road Traffic Act 93 of 1996, states that the vehicle owner must report the theft of a motor vehicle to SAPS, within 24 hours after s/he has become aware of such theft or robbery.

If the vehicle was stolen from a parking lot that has security, it is advisable to report it to the security office so that they can certify that security was in place.

Due to trauma, complainants often cannot remember the registration (licence) numbers of their vehicles. Carry a photocopy of your vehicle’s current licence plate registration in your handbag/wallet. This will enable you to relay numbers to the police quickly if your car is stolen.

An SAPS member needs to take down a comprehensive statement from the complainant at the Community Service Centre (police station), in order to

register a case. In doing so, the complainant authorises the SAPS to

circulate the stolen vehicle’s details on SAPS’ Circulation System (Vehicles). (The latter system is available to all SAPS members to enquire whether a vehicle has been reported as stolen.) SAPS’ Circulation System (Vehicles) is also interfaced with the Department of Transport’s electronic National Traffic Information System (eNaTIS), SA’s official vehicle registration system. Once

information is circulated on SAPS’ system, the vehicle"s record on eNaTIS is automatically marked as stolen and the vehicle in question is marked as "clear- ance required".

The National Road Traffic Act (hereinafter referred to as the Act) requires that the owner of the vehicle must notify the appropriate registering authority of a theft within seven days after the date upon which the owner became aware of the theft.

Regulation 54 of the Act determines that the title holder (eg financial institution, company or private person) must notify the appropriate registering authority of a theft within three months after the date on which the title holder was notified of the theft, in order to deregister the vehicle. The title holder of the motor vehicle is in many cases a financial institution (eg bank) but can also be a private person or a company.

It is strongly recommended that insurance companies insist that the title holder deregister the motor vehicle as stolen and that the deregistration

certificate is handed over to the insurance company before settling the claim with the title holder. If stolen vehicles are later recovered and

reregistered, and the status of the vehicle was "new" or "used" prior to such

deregistration, the status of the motor vehicle will be ‘used". If the status was "built-up" it will remain unchanged.

OBLIGATIONS TOWARDS YOUR INSURANCE COMPANY

Depending on the vehicle’s value and the likelihood of it being stolen or robbed, your short-term insurance company will stipulate the type of security measures that should be installed in the vehicle. As some of these measures, such as tracking devices, microdotting or gear locks are usually installed after manufacturing, it is advisable to keep all the certification to substantiate non-standard security items. Remember: If you fail to meet the policy requirement, it may result in the repudiation of a claim in case of your car being stolen.

Apart from the standard steps discussed earlier to report a theft or robbery to the various institutions, it is important to notify your insurance company/broker of the theft as soon as possible.

Provide them with the CAS number that you have obtained from the police and insist on a written verification of your notification.

If they are not already in possession of the relevant documents for non-standard security items, supply these to them.

If someone else than the insured person was driving the vehicle at the time of the incident, supply them with a certified copy of the driver’s driving licence and ID document.

When reporting the vehicle as stolen to the financial institution in case of a hire purchase or lease, determine the outstanding loan amount and bear in mind that you still have an obligation to keep up the monthly repayments both on your vehicle debt and your insurance policy until your claim has been settled in full.

If the insurance has compensated you for your loss and the vehicle is recovered at a later stage, remember that you are no longer the owner of the stolen car. If the vehicle was dependent to a hire purchase or lease, the insurers would have noted their interests on the policy and would have reconciled any outstanding debt before paying out the balance to you.

Such a recovered vehicle is now the property of the insurance company, and if you are notified of the recovered vehicle after your claim has been settled, it has to be handed over to the insurance company. If you don’t, it is consid-ered as fraud and a criminal offence.

Insurers often provide the insured with the opportunity to buy the stolen motor back when it is found. If you are interested in acting out this alternative, be aware of circumstances that could significantly impact on the value of the recovered vehicle. As the vehicle would have been scrapped from eNaTIS, it will need to be registered as a Code 3 vehicle and identified as a built-up vehicle on the re-registration certificate if it has to be resold. The police will assign a new VIN number beginning with AAPV if the VIN number has been tampered with. No dealer will pay the full market price for such a vehicle and therefore you must ensure that, if you buy back your vehicle from the insurer, you get a substantial discount on its market value. Also take into consideration that your new insurance premium should be based on the price that you have paid for the recovered vehicle.

 

HELPING SAPS TO RECOVER YOUR VEHICLE

Once a stolen vehicle has been recovered, the police needs to reunite it with its owner. However, criminals often remove the vehicle’s unique identifications markings such as the numberplate; VIN and chassis numbers. This means that SAPS need to look at alternative places of identifiers, such as:

"Marking" your car as follows can make it easier for the police to identify your

vehicle:

- Dropping a business card in the window slot;

- engraving or etching your initials carefully inside the trunk, the hood, or even on the dashboard near the VIN number;

- microdotting your vehicle means that 10 000 indestructible microdots, containing a unique number, will be sprayed all over your vehicle; and/or

- some owners have the registration number sandblasted onto the windows.

WHAT TO DO IF YOUR STOLEN VEHICLE IS RECOVERED

Once a stolen vehicle has been recovered by SAPS, the owner will be required to recognise/identify the vehicle in the presence of an SAPS member and to submit a statement to this fact.

SAPS often identify stolen vehicles by other means if the criminals removed the original identification numbers. The SAPS member may then require that the owner submit a statement prior to identification in order to ensure that it coincides with the recognition of the vehicle that might follow.

The owner has to report the recovery of the vehicle to the registering authority where the vehicle was registered within 24 hours after such recovery, as required by the Act and furthermore to ensure that the stolen mark, as indicated on the eNaTIS, is removed as soon as possible. (On a lighter note: Ensure that you are not arrested while driving your own

vehicle which is still listed as stolen!) The registering authority could once again require you to complete certain prescribed forms.

Enquire from the registering authority whether you must obtain the CCL form which must be completed by SAPS whereby you will be exempted from being liable to pay licence fees for the duration of the theft. According to the Act, exemption from paying licence fees is rendered during the period of theft or during the period a vehicle is impounded by the SAPS.

 

Somebody once said that virtually all criminals need "wheels" to carry out their criminal deeds - whether they have to transport stolen goods, flee from another crime scene or use the stolen vehicle to perpetuate the crime. Protecting your vehicles is therefore extremely important - not only to keep it safe, but to ensure that your good name can in no circumstances be linked to any crime if your vehicle is used illegally.

Sources:

Burgers, F. 2007. "Fighting motor vehicle-related crime and improving road safety - applicable regulations." Business Against Crime. 1 August - accessed on https://www.fnb.co.za/vehicle finance/

http://www.itinews.co.za/

http://www.insuranceblog.co.za/

http://www.santam.co.za/

http://www.saps.gov.za/

http://www.securitywise.co.za/safety%20tips.html - All websites accessed on 16 December 2009.

 
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