With an elevated police presence on South African roads this festive season, many motorists have been held at roadblocks for rushing and different site visitors offences.
Some offenders report being stopped and requested to pay fines instantly. Is it necessary to pay on-the-spot site visitors fines?
Right here’s what the specialists say about spot fines
Whereas roadblocks are a comfort for motorists who wish to settle fines instantly, you aren’t required by regulation to pay on the spot.
“You aren’t obliged to pay at a roadblock,” mentioned Bobby Gage, CEO of the Nationwide Motorist Affiliation of South Africa.
“Statistics on my aspect present that 9 out of 10 motorists are being intimidated or threatened with arrest in the event that they don’t pay at a roadblock.”
In line with Part 2 and Part 16 of the Administrative Adjudication of Highway Site visitors Offences Act (AARTO), motorists are allowed to contest fines or pay later.
Roadblock fines, like spot fines, are topic to those identical provisions, that means that you simply shouldn’t have to make fast fee.
Moreover, the Felony Process Act (CPA), 1977 (Part 54), which governs arrest and detention procedures, ensures that solely a judicial officer can concern a warrant of arrest – not a site visitors officer.
Officers can’t threaten or intimidate you into paying fines or drive compliance by withholding your license or automobile.
Gage urges motorists to train their rights calmly. In case you are threatened with arrest, you possibly can politely decline fast fee and request {that a} warrant of arrest be obtained from a courtroom.
Site visitors officers are additionally required by regulation to tell you of your rights throughout any interplay, together with the choice to contest the high quality.
Recording the interplay is one other necessary proper. As a public official, a site visitors officer could also be recorded in any public area.
“It’s advisable that you simply report [the interaction] to your personal function and for the aim of making consciousness of what number of site visitors cops on the market are invading your area and your constitutional proper,” Gage added.
In abstract…
Roadblocks might supply the comfort of fast high quality fee, however roadblock officers can’t drive you to conform.
You may have the best to contest or defer the high quality, and understanding your authorized protections may help stop undue strain and guarantee a good course of.
Subsequent time you’re stopped at a roadblock, bear in mind: You aren’t obliged to pay fines on the spot.
