What are my rights when stopped by a traffic officer?

All road users will at some point be pulled over by a traffic cop and while you are require by law to abide by their instructions, it is increasingly important to know just what they are and are not allowed to do to you, or ask from you.

Firstly, a police officer has the right to stop any vehicle at any time. If you are stopped, you are obliged to give your name and address, if required, and any other particulars concerning your identity.

However, you are entitled to ask the officer, whether in uniform or not, for proof of identify. You may demand to see their appointment certificate (identity card). The Criminal Procedure Act very clearly states that an officer who can’t or won’t provide an appointment certificate on demand is in violation of the Act and any actions that they take will be unlawful if the certificate is not provided.

In terms of the National Road Traffic Act, a traffic officer has the authority to demand your driver’s license, which by law must be kept on the driver or in the vehicle. In some cases, the licence must be shown to a police officer at any police station within seven days.

A police officer may order that the use of a vehicle considered un roadworthy be discontinued immediately. They may specify that the vehicle may only be used for a limited period or to reach a specific destination.

They are empowered to remove the clearance certificate (licence disc) from the windscreen.

When stopped in a roadblock, traffic authorities regularly try to create the impression that you have no option but to settle your fines there and then and may even threaten to arrest you. The fact is that they cannot under any circumstances arrest you for an outstanding traffic fine for which there is no warrant of arrest.

They may serve you with a summons to appear in court, as long as the court date is at least 14 days in the future, Sundays and public holidays excluded, but they may not force you to pay there and then.

If a law enforcement official wants to arrest you, you have the responsibility not to resist arrest in any way.

A male officer may not physically search a female and vice versa.

The Constitution forbids arbitrary search and seizure of your person, your property or possessions. If you are stopped by law enforcement officials they must have a valid reason to think you may have been involved in a crime and that a search warrant would be issued by a Magistrate or Judge if they wish to search you or your vehicle and/or seize your possessions.

This applies to ‘random pull-overs’ where you are singled out by law enforcement authorities.

It does not apply to properly constituted roadblocks where search and seizure is in fact authorised prior to the roadblock being set up.

If you are arrested, you must be informed of your rights immediately when you are arrested. You must be taken directly to a police station. Driving around with you in the back of a vehicle for extended periods of time is not acceptable.

If you are arrested, you have the right to be brought before a court within 48 hours of your detention.

In most cases, you have the right to apply for and be granted bail at the police station. It is only in the case of serious crimes that your application for bail can only be heard by a court.

• You will be informed on what date and in which court you are required to appear.
• You will have to pay an amount as is set down to guarantee your appearance in court.

Read also: UK tourist left battered after assault by metro police officer in Edenvale

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