EMPD reflects on road users’ rights
“A male traffic officer may not search a woman and the same rule applies vice versa,” says EMPD.
With Human Rights Day coming up on March 21, the EMPD reflects on the rights of all as stipulated in the Bill of Rights.
All road users must comply with the National Road Traffic Act (Act 93 of 1996) and to not only keep themselves safe but others as well.
Here are a few rights all road users need to know according to the EMPD:
• A police officer or traffic officer wearing a uniform has the right to pull over any vehicle at any time. If this happens, you must provide your name and address if so requested, as well as any other information regarding your identity.
• You are entitled to ask the person in uniform for proof of identity, appointment certificate or official documentation to identify himself. Should he refuse, he is transgressing the Criminal Procedures Act and any action he takes against you will be regarded as illegal.
• According to the National Road Traffic Act, a traffic officer has the right to ask to see your driver’s license. You are supposed to have it with you all the time, or in your car, so this should not be a problem.
• Traffic officers are entitled to remove a license disc from the vehicle and declare the vehicle not roadworthy. The vehicle could also be removed from the road.
• Traffic officers may under no circumstances arrest you for unpaid road traffic fines unless a warrant for your arrest has been issued. They may not detain you for an outstanding fine for which a warrant has not been issued.
• A male traffic officer may not search a woman and the same rule applies and vice versa.
• Searching and confiscating your vehicle by officers may not take place without motivation. Officers must have a strong suspicion that you have been involved in a crime and a warrant must already have been issued by a magistrate for your vehicle to be searched and even to be confiscated. This does not apply to official roadblocks where searches are conducted and the necessary warrants have already been obtained.
• When you are arrested by an officer, they must immediately read you your rights and you have to be taken to a police station immediately. You also have the right to see a copy of the warrant of arrest. Never resist arrest, it is the dumbest thing you can do. Always stay in control, no matter what the situation or provocation might be. Some laws protect your rights but only if you abide by the rules and obey laws.
