Easter roadblock warning for South Africa

South Africans travelling over the coming Easter weekend should ensure their car is in working condition and know their rights at roadblocks before heading off.

Traffic authorities are expected to be out in full force over the Easter holiday season, with increased roadblocks and patrols looking out for violations.

Along with the December holidays, the Easter holiday season is a peak traffic period on South Africa’s roads, which increases the risks of road accidents.

According to the Road Traffic Management Corporation, the most fatal road accidents over the Easter weekend occur after sunset, with nearly 95% of accidents caused by human factors.

This includes drunk driving.

One of the key ways authorities try to mitigate accidents is by setting up roadblocks and visible policing to ensure that drivers are not breaking any traffic laws and that cars are roadworthy.

Kirstie Haslam, Partner at DSC Attorneys urged South Africans to know their legal rights when stopped at a roadblock to ensure a smooth and lawful interaction.

South Africans must present valid driver’s licence and provide identification details if requested at a roadblock as per Section 13(8) of the South African Police Service Act.

Officers can search vehicles and individuals without a warrant and confiscate any illegal goods found.

“If detained or arrested, you have the right to legal representation and should not be questioned without your lawyer present if one is requested,” said Haslam.

She also provided a survival checklist for roadblocks:

• Pull over safely when signalled.
• Stay calm and respectful.
• Comply with instructions and avoid confrontation.
• Sign fines or infringement notices calmly – roadside arguments only escalate the situation.
• Never offer a bribe. Bribery is a criminal offence.
• Know your rights and be aware of legal boundaries, which could prevent potential abuses of power.
• Check your vehicle. Ensure roadworthiness and that your licence and registration are up to date.

Haslam added that motorists cannot be forced to pay outstanding fines on the spot, as this is extortion. An arrest is only lawful if an officer shows a valid warrant. 

Officers can issue a summons with a court date at least 14 days away, excluding Sundays and public holidays.

“If a warrant is presented, you may be detained until payment is made. If not, request to call your attorney immediately.”

When it comes to drinking and driving, motorists cannot refuse a breathalyser without reasonable cause. If they are over the legal limit of 0.05g/dl, they’ll be taken for a blood test.

Haslam said that one should ensure that the tester uses sterile equipment. You may also call your doctor to see if they can arrive on time.

“Blood must be drawn within two hours of being stopped; expired test kits invalidate results, and a police officer must be present when your blood is taken”.

“If arrested, you must be informed of your rights immediately and detained at the nearest police station,” she explains. 

“You must be brought to court within 48 hours and can apply for bail unless the charge is serious.”

Haslam added that unlawful arrests and police brutality remain a concern.

Drivers may have a personal injury claim against the SAPS or municipal police if they experience wrongful detention or excessive force.

If this is the case, they should act quickly to ensure legal time limits, collect evidence like officers’ names, witness details, medical reports and photos of the injuries, and engage with a lawyer, she said.

Make sure your car is ready to hit the road

Before leaving for holiday, drivers must ensure their vehicle is safe and roadworthy.

Gary Stieger, founder and MD of My Glass, said motorists should get their cars serviced, check tyres, and have wheels aligned before going on a long trip.

He also said that they should check the state of their windscreen, as a minor chip can refract light and impair visibility. It could also lead to a much larger crack if the vehicle drives over bumpy roads.

Marius Kemp, Head of Personal Lines Underwriting at Santam, added that drivers should have all their paperwork and licensing in order before departing.

Motorists should decide beforehand where to take their rest breaks, as tiredness and a lack of concentration can lead to accidents.

Motorists should also check news streams for traffic updates and have a road-side SOS number at hand.

They should also stock their emergency supply by investing in a first-aid kit to help with road trip headaches like motion sickness and cuts.

A torch, glow-in-the-dark triangles, plenty of water, and wet wipes are always good things to carry with you in the car.