15/12/2016
Road Blocks
As we approach the festive season and many of us travel to our holiday destinations, it might be useful to know a few things about what the Police and traffic officers can and cannot do in respect of Roadblocks.
Firstly, remember that it is the police official’s job to carry out the roadblocks and therefore always be polite, respectful and remain calm, despite the delay you may experience as a result of the roadblock.
The traffic officer or police official may stop and search your vehicle as well as all passengers in the vehicle, the reason may vary from traffic offences to drunken driving or even searching for possibility of stolen vehicles. You may however request to see the authority for the road block called the ‘written authorisation certificate’. You may likewise request to see identification of the traffic or police official. Please remember, however, that if a police official is wearing a name badge, this is sufficient identification and requesting to see an ID may frustrate the situation unnecessarily. However should you believe your rights are being violated, simply gather as much information as possible and contact a lawyer as soon as you have an opportunity.
If you find yourself in a roadblock this festive season try to remember the following:
1. You can be detained if you refuse to take a breathalyser test. NB – the legal limit is a breath alcohol content of 0.05g per 100ml.
2. You can be detained for unpaid traffic fines but only if the warrant has already been issued on the fine. You may find it useful to check on any outstanding fines before travelling.
3. You have the right, and it is legal, to film a police or traffic official doing his duties and this is particularly useful to show an official acting unlawfully. However please remember that if you act unlawfully and/or resist the instructions of officials you may be detained. (SAPS Standing order 156 – you cannot be forced to delete the footage and the officer cannot seize or damage your recording device)
Please remember that the roadblocks are set up to ensure compliance with road rules and to protect us from those that could potentially cause injury/harm to us all.
OBEY SPEED LIMITS. DO NOT DRINK AND DRIVE.