With the holidays almost in full swing, many motorists will embark on long journeys to their respective destinations across South Africa, which will see an increase in roadblocks being set up by law enforcement officers to promote safety along the roads, reports Cape {town} Etc.
According to the Road Traffic Management Corporation (RTMC), roadblocks are primarily aimed at identifying drunk drivers, speeding vehicles and unroadworthy cars to ensure the safety of motorists.
These checks are also an opportunity for officers to uncover outstanding traffic fines and warrants for arrest. In addition, the roadblocks can also help identify vehicles involved in criminal activities, as reported by the New Castillian News.
The RTMC has shared important information regarding the rights and responsibilities of motorists when they are stopped at roadblocks.
It is therefore crucial for motorists to know what to expect when stopped by traffic officers at a roadblock.
Here is a closer look at the key points:
- Law enforcement officers are authorised to search any person at a properly sanctioned roadblock, even without a warrant. ‘Officers can search any person at a ‘roadside check’ without a warrant, if you consent to a search or if they have reasonable grounds to do so; they may also seize any ‘contraband’ or evidence without a warrant at a roadblock,’ the RTMC stated.
- Traffic officers have the authority to issue an infringement notice, which is a ‘fine’ under the Criminal Procedure Act or the AARTO Act, if a vehicle or driver is found to violate the law.
- Officers may also issue a notice to discontinue the use of a motor vehicle if it is deemed unroadworthy, or they may impound it if the vehicle poses a danger to other motorists or is operating in violation of public transport permit regulations. Traffic officers can also arrest anyone they suspect has committed, or is about to commit, an offence which has been listed in Schedule 1 of the Criminal Procedure Act, without a warrant of arrest.
- During a roadblock, officers can arrest any individual if a warrant of arrest has been issued by a court.
The RTMC has emphasised that traffic officers are not permitted to engage in physical or verbal abuse, nor can they damage your property.
It is also forbidden for officers to solicit bribes or any form of gratification from motorists.
‘Motorists should immediately report such conduct to our anti-corruption agents,’ the RTMC stated.
Motorists have the right to request to see an officer’s certificate of appointment, which authorises them to act as a peace officer.
The RTMC also stated that motorists may demand proof of a warrant of arrest, if one is claimed to exist, and motorists may refuse to submit to searches unless reasonable grounds for the search are provided.
‘Motorists can refuse arbitrary searches of your person or property at a “roadside check”, unless reasonable grounds exist,’ the RTMC advised.
It is crucial to note that physically or verbally abusing traffic officers or damaging their property is strongly discouraged, as it can lead to serious consequences.
The RTMC also emphasised to the public the importance of responsible behaviour, especially during the festive season when parties and end-of-year functions are common.
‘No one shall refuse to provide a breath alcohol or blood sample; resist arrest; or offer or pay a bribe,’ the RTMC said.
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