Every driver has a roadblock ‘ghost story’ – not quite true, but close enough to make you wonder exactly what the truth is. Ask fleet drivers about their rights in a roadblock and odds are you’ll get as many different answers as there are drivers. So, we did a little investigating on your behalf.
Roadblocks in South Africa are notoriously inconsistent, and trends seem to vary between seasons and the rules between provinces. This makes it difficult for most road users to know exactly what their rights are if they find themselves in a roadblock and even more difficult for fleet drivers who could be stopped in more than one roadblock a day and be required to comply with different rules at each one.
This can be frustrating and even professional drivers sometimes need to remind themselves to stay calm. Reverting to common sense and courtesy is a good start to ensuring things run smoothly.
But it’s also good to know your rights, because sadly, there are some unscrupulous officials who will try to take advantage of ignorant drivers. It’s important for fleet drivers to know their rights and responsibilities in a roadblock in order to avoid unnecessary delays or even fines. Here are the basics:
Roadside arguments will get you nowhere!
If you’re stopped at a roadblock and presented with a fine for an action that you absolutely know you didn’t commit, remember you won’t solve the problem by getting into a fight with enforcement officers on the side of the road. You do have rights, but you’ll only find the solution by going through the correct channels.
The best advice is to sign the infringement notice or fine, and move on from the roadblock. It may go against every instinct you have, but it’s the best option. Keep your cool, sign the notice, and then address the problem with the relevant authority as soon as possible.
Remember that your employer is also aware of the road laws and you will not be disciplined if you were not in the wrong.
Exchange of details go both ways.
If a traffic officer or police officer asks to see your identification and driver’s licence details, you are required by law to comply.
But it cuts both ways. You have the right to verify that the roadblock is legitimate by requesting to see the officer’s identification. If the officer refuses, stay calm, and ask that the process be moved to the nearest police station. A legitimate officer will show you their credentials, especially if you’re asking politely. Fleet drivers are often responsible for valuable cargo, so if you have any suspicions about the roadblock, your first priority is to ensure your own safety and that of your cargo.
Unroadworthy vehicles
If you’re stopped in a roadblock and the officer deems your vehicle unroadworthy, they have every right to demand you stop driving it immediately. Ask your fleet manager for a process or checklist of what you need to do in this situation. Most companies will have a fleet policy that details who to contact.
Note that you can request to be allowed to drive your car to your destination, or to a nearby place where it can be safely parked. This, however, can only be requested, and is not a right. If you’re transporting cargo, this could be a good reason to let you drive the vehicle to the nearest safe location. It’s another example of why handling the situation politely from the start could help you, as the officers will be more likely to be accommodating.
Arrest for outstanding fines
It’s true that you can be arrested for outstanding fines when stopped at a roadblock, but only if the officer can provide a valid arrest warrant. If they try to arrest you without a warrant the best advice is to call your fleet manager immediately. Many companies will have a legal expert who will be able to advise you, or at least have a process that drivers need to follow, and specific people they need to contact, if they find themselves in this situation.
Drinking and driving
We sincerely hope you never do this, but if you are accused of being over the limit in a roadblock, here are the facts:
- You can’t refuse to take a breathalyser test (once you’ve established it’s a legitimised roadblock)
- The legal blood-alcohol limit is 0.05g/dl
- The type of breathalyser tests may vary, as some parts of the country, such as Johannesburg, now use a device that no longer requires blood tests - it accurately analyses blood alcohol levels on the spot.
- If they’re still using an older version and it indicates that you are over the legal limit, you will be taken to a mobile unit, clinic, or hospital, where blood will be drawn. Blood can only be drawn in a controlled and sterile environment.
- If you don’t feel the environment is sterile, you have the right to refuse until they move you to a sterile environment.
- You may be detained while the case is processed, but in that case:
- You must be told your rights immediately.
- You must be taken to the nearest police station.
- You have the right to appear in court within two days.
- You have the right to apply for bail at the police station unless you’re being held for a more serious offense.
- You have the right to be treated with respect.
- Depending on fleet policy, you may be required to call your fleet manager as soon as you know you will be taking a breathalyser test and also inform him/her of the results afterward.
- Ask your fleet manager who you should contact in the event that you are arrested.
South Africa has some strict and impressive road laws, especially in relation to drink driving and unroadworthy vehicles, but implementing them has always been a challenge. In addition, our traffic force doesn’t have the best track record when it comes to bribery. Most fleet policies strictly prohibit any involvement in bribery and you could face disciplinary action if you attempt to bribe your way out of a road block. The best advice is not to become part of the problem, but to support and comply with the officers who are enforcing laws designed to keep us safe on the road.
Your rights at a weighbridge
If you travel across the country on a regular basis, you may want to brush up on your weighbridge regulations. Weighbridges are normally placed in areas that see a lot of heavy-load traffic (trucks, buses, taxis etc.), and are designed to reduce the danger of overloaded vehicles.
Every vehicle has a maximum load capacity (in terms of its weight, as well as its passengers). At a weighbridge, officers can check both the number of passengers in your vehicle, as well as it’s total weight (including any trailers.)
If you’re in a normal passenger vehicle the odds are very low that you’ll ever be asked to cross a weighbridge to check the vehicle’s total weight, unless the vehicle is obviously overloaded with passengers and luggage piled on the roof. If you’re driving a larger vehicle or towing a trailer or caravan, however, it’s best to know the maximum permitted weight (check your owner’s manual) of your vehicle, trailer or caravan and make sure you don’t exceed these.
If your vehicle is found to exceed the weight limit, you could face a fine. Even worse, you may be stopped from driving any further, if the vehicle is overloaded to the point where it’s considered an immediate danger.
Most fleet policies have strict guidelines to avoid overloading and experienced fleet drivers are unlikely to face this problem. However, it’s a good idea to have a checklist or relevant contact details on hand should you get stuck at a weighbridge.
If you’re a fleet driver it’s important to know your rights and have the relevant contact details on hand to ensure your rights as a driver aren’t being abused, and to protect your company should the need arise.
Not sure what your rights are? Download our company car policy to get our take on it
