Your rights and responsibilities when pulled over by traffic police

Being pulled over by traffic police in South Africa can be stressful and sometimes frightening, even if you’ve done nothing wrong.

Knowing the rights and responsibilities of yourself and the traffic official you are talking to can therefore help you navigate a sticky situation.

Here’s what you need to know.

Roadblock vs Roadside Check

There is a distinction between a roadblock and a “roadside check” in South Africa, according to Arrive Alive.

A roadblock is when traffic officials physically block the road in one or both directions, actively impeding the flow of traffic to pull over motorists.

Roadblocks are regulated by Section 13(8) of the South African Police Service Act, No. 68 of 1955.

The act provides that:

• Written authorisation that specifies the date, approximate duration, place, and object of the roadblock must be issued.
• Proper signage, traffic cones, barriers, and markings must be in place.
• Search and seizure without a warrant is allowed where it is reasonably necessary to achieve the object specified in the written authorisation.
• Failure to stop at a roadblock is classified as a criminal offence.

Motorists whose constitutional rights, or rights in terms of the Criminal Procedure Act, No. 51 of 1977, are affected by a roadblock may demand to see the written authorisation for the roadblock, which a traffic official will be obliged to present.

If no written authorisation is produced, a motorist can report the matter to a station commander, or SAPS provincial or national headquarters.

Roadblocks may also be carried out, motorists searched, and property seized without prior authorisation or warrants if there are reasonable grounds to suspect that a particular person or object is currently traveling, or about to be traveling, in a vehicle in that area.

These persons and objects include:

• A person who is a fugitive.
• A person who has previously committed a criminal offence.
• A person who is a witness to such an offence and is absconding.
• A person who is suspected of intending to commit an offence and who will be prevented from doing so by being pulled over.
• An object that is intended to be used in the commission of an offence, or that could serve as evidence.

In contrast to the above, a “roadside check” involves a traffic official on the side of a road pulling over motorists at random without actively affecting the flow of traffic, said Arrive Alive.

Roadside checks are covered under Section 3I of the National Road Traffic Act, No. 93 of 1996.

This act does not authorise search and seizure without a warrant, but does not forbid law enforcement from doing so.

At roadside checks, traffic officials may:

• Demand to see any document in terms of road traffic and transport legislation.
• Seize the document if it is fraudulent.
• Search a person or property if they consent, or when there are reasonable grounds to do so.
• Temporarily forbid a person to continue to drive or be in charge of a vehicle if they seem mentally or physically unfit to do so.
• Require any person to furnish their name, address, and other particulars if the officer reasonably suspects the person of having committed an offence.
• Ascertain the dimensions of, the load on, or the mass, axle mass load, or axle unit mass load of, any vehicle, or the mass of any combination of vehicles, loaded or unloaded, and if necessary for the purpose of ascertaining such mass.

The reasonable grounds for officials to search a person or property at a roadside check are the same as those for roadblocks, said Arrive Alive.

Documents that might be requested by an officer include a learner’s licence, driver’s licence, professional driving permit, vehicle licence disc, operator card, and operating permit in terms of road transport legislation.

Law enforcement action

A report by Legal & Tax states that law enforcement officials in South Africa may do the following at roadblocks or roadside checks:

• Search a citizen or their property at a roadblock without a warrant when there are reasonable grounds to perform a search.
• Search a citizen or their property at a roadside check without a warrant when there are reasonable grounds to perform a search, or when a citizen consents.
• Seize any contraband or evidence without a warrant.
• Issue a fine in respect of the vehicle or the driver’s fitness.
• Issue a notice to discontinue 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 is reasonably suspected of being involved in an offence without a warrant of arrest.
• Arrest any person against whom a warrant of arrest has been issued by a court.
• Arrest any person who commits any offence in the officer’s presence.
• Inform a person of their outstanding traffic fines.

Traffic officials may not, however, do the following at roadblocks or roadside checks:

• Threaten to arrest a citizen.
• Force a citizen to pay outstanding traffic fines.
• Physically or verbally abuse a citizen or their property.
• Search a citizen or their property without reasonable grounds or consent.
• Discontinue or impound a vehicle without reasonable grounds.

What you can do

Motorists may do the following at roadblocks and roadside checks, according to Legal & Tax:

• Demand to see an officer’s certificate of appointment.
• Demand to see the written authorisation of a roadblock.
• Refuse to submit to a search at a roadside check, unless there are reasonable grounds for such a search.

Motorists may not do the following at roadblocks and roadside checks:

• Refuse to provide a breath alcohol or blood sample.
• Offer or pay a bribe.
• Resist arrest.

“Finally, be aware that probably the worst thing you can say to a law enforcement official is ‘I know my rights!’ – in an arrogant or aggressive tone, or to tell them how to do their job,” said Legal & Tax.

“This may trigger aggressive and even abusive behaviour on the part of the officer. This may lead to allegations and counter-allegations and eventually land up in court.”