UNPACKING THE LAW REGARDING TRAFFIC FINES: MAY A PERSON BE ARRESTED FOR OUTSTANDING TRAFFIC FINES?
Introduction
While most families and individuals view the Christmas period as a time of enjoyment and relaxation, these moods are often hindered by financial stress. The year end, characterised by a time to visit friends and family, go on holiday, and purchase Christmas gifts, results in millions of vehicles being present on South African roads simultaneously. This time is used by the South African Traffic Authorities to ensure the enforcement of specific traffic laws, which are intended to minimise the number of accidents which occur each year.
Types of Roadblocks
The primary Legislation regulating roadblocks and roadside checks is the South African Police Service Act, specifically Section 13(8), which allows the National or Provincial Commissioner to authorise a roadblock. The two types of roadblocks in South Africa include informal roadblocks, and K78 roadblocks. Whilst a K78 roadblock is established with the aim of detaining and arresting a specific criminal, an informal roadblock includes a general inspection of the safety and roadworthiness of the vehicle, the legitimacy of the driver, or the apprehension of a driver who is in the act of committing an offence, such as driving under the influence or speeding.
Rights of citizens at a roadblock
In the event of being pulled over at a roadblock or roadside check, which may be a daunting experience for most, it is crucial to be aware of your rights in relation to the matter. Firstly, it is of the utmost importance that an individual who has been pulled over by a law enforcement officer is treated with respect, dignity, and they must not be subjected to any form of discrimination. In addition to the abovementioned human rights, such person may request the Law Enforcement Officer to present his/her certificate of appointment. This will confirm the legitimacy of the Law Enforcement Officer and prove that he/she has the authority to conduct such duties. Furthermore, persons who are subjected to such law enforcement duties have the right to record the interaction on an instrument which may not be damaged or destroyed by the official, so long as the recording of the interaction does not hinder the Law Enforcement Officer’s ability to execute his/her duties thoroughly. This right is based on the Constitutional rights of freedom of expression and access to legitimate information. This was confirmed by the Johannesburg High Court in Jacobs v Minister of Police and Others. The abovementioned case featured an unlawful arrest, whereby the plaintiff attempted to record Police Officers at a Roadblock, which resulted in a warrantless arrest, without a fair explanation.
According to the National Motorist Association of South Africa, an individual may not be arrested for outstanding traffic fines at a roadblock. The Criminal Procedure Act states that Court Officers have the authority to issue a warrant of arrest, whilst traffic officers do not. Roadblocks provide an option for traffic fines to be paid on the spot or by a future date. It is important to note that an option to pay fines in the moment is a convenience rather than a legal requirement.
Steps required for a valid arrest
A person who has contravened a traffic law, such as driving over the speed limit, will be served with an Infringement Notice. This Infringement Notice must be paid within 32 days, and compliance with such notice allows for a 50% discount on the fine.
If the amount stated in the Infringement Notice is not paid within the allocated time, a Courtesy Letter will be served, requiring the infringer to pay the full amount with the addition of an administration fee. Therefore, the discounted price will have expired and the opportunity to pay only 50% of the fine would have ceased.
An Enforcement Order will be issued upon the infringing person if the Courtesy Letter is not complied with, which will be sent via registered mail. Such Enforcement Order will require the person to pay the full penalty, representation fees, fees for the courtesy letter, as well as the prescribed fee of an Enforcement Order, within 32 days. Enforcement Orders result in the prevention of the renewal of one’s driver’s licence, and licence disc.
Failure to comply with the Enforcement Order may result in legal action. A warrant for arrest will be issued by a Judicial Officer, in instances where a person has been summoned (for non-compliance with the Enforcement Order) to appear in court and failed to do so.
Conclusion
Although Traffic Law Enforcement Officers are given specific statutory powers over South African motorists, these powers may not infringe upon these citizens rights. South African citizens may not be arrested at roadblocks on the sole basis of outstanding traffic fines, as the prescribed legal process needs to be followed for an arrest to occur. The required notices and judicial intervention are prerequisites for an arrest to occur, and only when these notices are ignored and a valid warrant of arrest is issued by the court, may an Enforcement Officer detain the perpetrator.
Written by Hayden Askew
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This article is provided for informational purposes only and should not be substituted for legal advice on any specific matter. Any opinions expressed herein are subject to the law as at the time of writing and will change in accordance with any change in the law. We recommend that you contact HJW Attorneys & Conveyancers at info@hjwattorneys.co.za directly for advice applicable to your specific matter.