It’s important to know your rights and responsibilities if you are pulled over by a law enforcement official to not be taken for a ride.
Regardless of what an intimidating traffic officer, or your exuberant uncle, says, according to Legal & Tax you can’t be arrested for failing to:
- Wear a seatbelt
- Have your driver’s licence with you
- Display a valid licence disc on your windscreen
In addition, it must be said that you can not be arrested for failing to pay a traffic fine unless a warrant has been issued for your arrest due to a failure to obey a court summons.
In this scenario, you won’t be arrested for speeding per se, but rather because you did not appear in court after a summons was issued.
What you can be arrested for
There are several offences that you can be arrested for “on the spot” should the traffic official feel so inclined.
In terms of speeding, you can be locked up when exceeding the speed limit by more than 30km/h on a public road within an urban area, and by 40km/h outside an urban area or on a freeway.
Leaving the scene of an accident in which you were involved without stopping to check for injuries to other road users, or damages to property or vehicles, can also get you in handcuffs.
In addition, driving under the influence of alcohol or drugs that have a narcotic effect, as well as reckless, negligent, or inconsiderate driving is deemed arrest-worthy.
The latter is described as behaviours that put other people’s property or lives at risk, which could include seemingly minor infringements such as disobeying a stop sign – it’s mostly up to the traffic officer to decide whether your conduct veered into the realm of recklessness.
Refusing or failing to comply with an order from a law enforcement official, and driving a class of vehicle you are not licenced for, may land you in hot water, too.
When it comes to the vehicle itself, three main offences could get you thrown into the back of a police bakkie.
The first is excessive overloading, the second is not displaying number plates, and the third is failing to licence the vehicle, which includes usage of a fraudulent licence/licence disc, or any other document or number plate.
Any traffic officer in South Africa may enforce an arrest on these grounds, including metropolitan police members, national or provincial traffic officers, or members of the SAPS.
However, it should be noted that one should only be arrested where there is a warrant, if there is reasonable suspicion an offence was created, or if caught in the act of committing a crime.
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