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Most people would rather avoid being stopped by a traffic officer, regardless of guilt.
Given concerns about corruption and crime, it is natural to feel apprehensive.
Knowing your rights when stopped by a traffic officer can be reassuring.
Read our projects for more comprehensive information:
Authority to Stop:
A uniformed police or traffic officer has the authority to stop any vehicle at any time.
Identification:
If stopped, you must provide your name, address, and other identification details upon request.
Officer Identification:
You may ask the officer for proof of their identity and official documentation.
If they refuse, their actions may be considered illegal under the Criminal Procedure Act.
Driver’s License:
Traffic officers have the authority to request your driver’s license, which you should always carry with you when driving.
Vehicle Status:
Officers are allowed to remove a license disc from your vehicle and declare it unroadworthy, potentially leading to the car being removed from the road.
Fines and Arrests:
Officers cannot arrest you for unpaid traffic fines unless there is a warrant for your arrest.
They also cannot compel you to pay fines immediately. If threatened with arrest for unpaid fines, be aware that an officer may not arrest you without a warrant.
Searches:
Male officers may not search female individuals, and vice versa.
Searches and vehicle confiscations must be based on a strong suspicion of criminal activity and a warrant issued by a magistrate, except during official roadblocks.
Arrest Procedures:
If arrested, the officer must inform you of your rights and take you to a police station immediately.
You also have the right to see a copy of the arrest warrant.
Roadblocks:
According to Section 13(8) of the South African Police Service Act, roadblocks must be authorised in writing, specifying the date, duration, location, and purpose of the roadblock.
Proper signage and barriers must be used, and failing to stop at a roadblock is a criminal offence.
Roadside Checks:
Roadside checks are different from roadblocks.
Officers pull over vehicles at random but do not block the road.
While they may ask for documents and check for compliance, they may not search or seize property without consent or reasonable grounds.
Rights During Checks and Roadblocks:
Officers must respect your rights and may not:
Physically or verbally abuse you.
Search you or your property without a warrant, except in specific situations.
Force you to pay fines immediately or solicit bribes.
Withhold your driver’s license to coerce payment.
Your Rights:
Request to see the officer’s appointment certificate or proof of authorisation.
Politely request to see written authorisation for roadblocks or proof of arrest warrants.
What You May and May Not Do:
You may take photos or videos in public places, including roadblocks.
Avoid confronting officers aggressively.
You may not resist arrest.
You may not refuse a breath or blood sample test.
You may not offer bribes.
RIGHTS OF LAW/TRAFFIC OFFICIALS:
Law enforcement officials may:
Search your person and/or property without a warrant at an authorised roadblock.
Search your person and/or property at a “roadside check” without a warrant if you consent to a search or they have reasonable grounds to do so.
Seize any “contraband” or evidence without a warrant at a roadblock or a “roadside check.”
Issue an infringement notice (“fine” in terms of the Criminal Procedure Act or the AARTO Act, as applicable) in respect of vehicle or driver fitness, together with passengers’ compliance with provisions of law.
Issue a notice to discontinue the use of a motor vehicle if it is suspected of being unroadworthy or impound it if it is clearly unroadworthy.
Arrest any person who has been, or they reasonably suspect has been involved in, or is about to commit an offence contemplated in Schedule 1 of the Criminal Procedure Act without obtaining a warrant of arrest.
Arrest any person in respect of whom a warrant of arrest has been issued by a Court.
Arrest any person who commits any offence in his or her presence.
Drive or ride any class of vehicle if they consider it necessary to do so, even if he or she only possess a code B driving licence.
Inform you of your outstanding traffic fines.
LAW/TRAFFIC ENFORCEMENT OFFICIALS MAY NOT:
Physically or verbally abuse you or damage your property.
Search your person or property without a warrant except at a roadblock or where reasonable grounds to do so exist, or you consent to a search.
Merely threaten to arrest you.
Solicit a bribe
Force you to pay traffic fines on the spot, even if a facility such as a bus is there for you to do so.
Withhold the prompt return of your driver’s licence to coerce you into paying outstanding traffic fines where no warrant of arrest exists or your driver’s licence card is not fraudulent.
Discontinue or impound your vehicle without reasonable grounds.
With many horror stories of innocent people being victimised by traffic officials, all road users must be reminded
to stay calm and respectful when interacting with officials.
It remains critical to know what traffic officials are allowed to do and not to do as well as what your own rights are.
Specialised Security Services invites the public to the Mike Bolhuis Daily Projects WhatsApp Group.
This group is important in delivering insights into the latest crime trends, awareness, warnings and the exposure of criminals.
HOW TO JOIN THE MIKE BOLHUIS DAILY PROJECTS WHATSAPP GROUP:
Follow the link to our WhatsApp group:
"JOIN" to ensure you never miss our daily updates.
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ALL INFORMATION RECEIVED WILL BE TREATED IN THE STRICTEST CONFIDENTIALITY AND EVERY IDENTITY WILL BE PROTECTED.
Regards,
Mike Bolhuis
Specialist Investigators into
Serious Violent, Serious Economic Crimes & Serious Cybercrimes
PSIRA Reg. 1590364/421949
Mobile: +27 82 447 6116
E-mail: mike@mikebolhuis.co.za
Fax: 086 585 4924
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