The festive season is around the corner and it is likely that you will run into more roadblocks than you would during the rest of the year.
There are two types of roadblocks – informal ones, and K78 roadblocks. The first are random roadblocks, for example those held at on and off ramps. They are usually to check for driving under the influence, whether vehicles are roadworthy and for outstanding fines. During these roadblocks, searches cannot be conducted without a warrant. K78 roadblocks on the other hand are authorised by the National Police Commissioner and searches of both vehicles and persons are allowed without a warrant. These roadblocks are usually held because the police are looking for a specific criminal or criminals.
Note that you are allowed to ask for the warrant of the authorisation from the National Police Commissioner before letting the police search your vehicle.
At an informal roadblock, the police can ask you for your drivers’ licenses, check for outstanding fines, whether your vehicle is licensed and whether the vehicle is roadworthy.
At a K78 roadblock, the police can search any vehicle or person without a warrant and seize items from the vehicle or person should these be illegal or suspected to be linked to a crime.
The police can arrest you at a roadblock without a warrant if you are driving under the influence, have been driving negligently and reckless, are wilfully obstructing the roadway, are found to be driving with a cancelled or disqualified licence, if the police suspect you may have committed or are about to commit a crime, or if you verbally or physically abuse an officer.
Remember that it is illegal to warn other motorists of roadblocks on social media.
Do you perhaps have more information pertaining to this story? Email us at roodepoortrecord@caxton.co.za (remember to include your contact details) or phone us on 011 955 1130.
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