News you can use: Know your rights at a roadblock

GEORGE NEWS - Motorists in George are frequently frustrated by roadblocks and 'Pay your Fine' roadblocks.

Being stopped can be intimidating, but understanding your rights is important.

Traffic officers have the authority to conduct roadblocks under the Road Traffic Act and the South African Police Services Act.

Your rights

If stopped at a roadblock, you have the right to request the officer's certificate of appointment.

Traffic officers can inspect your vehicle for roadworthiness without a warrant, and are authorised to search any property or person at a sanctioned roadblock.

However, they need reasonable grounds or consent to perform such a search.

You are required to provide your details to a traffic officer. If you refuse, or if you disrespect an officer, they can arrest you.

You may also be arrested if there's reasonable suspicion of a crime or if there is a warrant for your arrest, in which case you can request to see it.

They cannot arbitrarily arrest you without probable cause. Signing a fine receipt or summons does not imply guilt.

If you feel your rights are being violated, you have the right to seek recourse through legal channels.

If stopped at a roadblock, you have the right to request the officer’s certificate of appointment to confirm their authority.

'Pay Your Fines' roadblocks

These roadblocks, conducted by municipalities in collaboration with third-party service providers, notify motorists of any outstanding fines.

If stopped, you will receive a summary of fines, which you may choose to pay immediately or not, or contest through the formal dispute process.

Roadside checks

Roadside checks are different from roadblocks in that they don't block the entire road.

Instead, traffic officers park at the side of the road and pull off random vehicles to check vehicle and driver fitness.

Officers may request various documents, such as a driver's licence, vehicle licence disc, and operating permit. If the documents are defective or fraudulent, they may be seized.

Dos and don'ts

Traffic officers must not physically or verbally abuse you or damage your property. They cannot solicit bribes or force you to pay fines at the roadside, even if a 'Pay Your Fines' service is available.

Officers also cannot withhold your driver's licence to force payment of fines or impound your vehicle without reasonable grounds.

You can refuse to submit to arbitrary searches unless reasonable grounds are present or there is a warrant.

While you are not allowed to abuse or damage an officer's property, refuse a breath alcohol or blood sample, resist arrest, or offer a bribe, you have the right to protect yourself from unlawful conduct.

A traffic officer is allowed to remove your license disc if they deem your vehicle to be unroadworthy, which means they have assessed your car and found issues like faulty brakes, worn tyres, damaged lights or other issues, that could pose a safety risk on the road.

Roadblocks are a common sight in the Garden Route.