Received an informative email lately from what appears to be a reliable source, only to find it is a fraud? I was forwarded an email yesterday titled “Roadside arrest on outstanding fines – Know your rights” This was sent with the expectation that it could provide invaluable advice for visitors to the Road Safety and Arrive Alive Blog.
The document appeared as a notice to members of SAVRALA, the South African Vehicle Renting and Leasing Association. It included information for motorists on their rights when stopped at a road block, and I would like to quote these points:
They can only arrest you if:
1. They have the original warrant for your arrest there with them. A copy isn’t good enough, saying it’s at the station isn’t good enough either. They have to show it to you there and then (if they have it, check plan “b”).
2. They have to prove that you received the summons in person. It either had to be delivered to you in person or you had to collect a registered letter from the post office (if they cannot prove you personally received the relevant summons, the warrant of arrest is not legal either).
3. If you do get stopped and they want to arrest you, demand to see the warrant and proof you received the summons (i.e. your own signature on the document when delivered to you).
4. If they don’t have it, the arrest is illegal. Refuse to go. If they still arrest you inform them there and then you will press charges against them for illegal arrest (record everything that is said to you, as well as the chronological procedure of events in detail). These details may well stand you in good stead for a strong case.
5. Technically, if your arrest is illegal, the taking possession of your car by the police and its driving thereof while you are in custody may also constitute theft.
6. When you are released, go to the SAPS immediately and lay a charge against the arresting law body and relevant official.”
The advice rendered left me perplexed and I decided to raise this with other experts. One of the top experts on road traffic legislation, Alta Swanepoel, responded to my email by confirming that the document originally surfaced as coming from the law society, and that they have denounced it as a fraud. She has also confirmed that she is at present, in cooperation with SAVRALA, developing guidelines in this regard.
I also gained valuable assistance from one of the top traffic officials in South Africa, Mr John Scnell, Head of the Traffic Inspectorate in KZN.
I would like to share the important aspects contained in his reply:
• The underlying terminology suggests discrimination as well as incitement to resist arrest, which may get the arrested person into serious trouble, with additional charges brought about.
• Firstly NO motorist should be driving around with outstanding fines, and in the case of hired vehicles these fines, prosecutions at the time of the offence are their responsibility (owner, onus) unless they have advised the issuing authority of the name and particulars of the offender as required in terms of the Road Traffic Act.
• Only Paragraph 1 of the advice to motorists is relatively true, but remember the Electronic Communications Act which allows for remote transmission of notices etc.
• The original Summons or Sec56 Notice does not have to be present at the roadside. Same for Paragraph 3 and most certainly Paragraph 4
• Paragraph 5 is a load of rubbish as any police official is entitled to drive the vehicle of an arrested or incapacitated person(drunk)
• Para 6 is also substantially wrong as the avenue to pursue is for civil litigation in terms of damages IF the procedures are so wrong that the arrested person was unlawfully arrested, due perhaps administrative reasons which would render the warrant of arrest invalid.
Mr Schnell expressed concern that the circular advice is combative and does not address the question of why there are so many so called law abiding citizens who are dishonoring their obligations to pay fines, make representations or appear in Court.
It is important to “double –check” information before relying on everything we read. On the Arrive Alive road safety website we have included in the Discusson Forum a section called “Ask the Experts”. In this section we will include questions from the public and replies from experts from the Department of Transport, the Road Traffic Management Corporation etc.
Best advice – abide by the law – follow the Rules of The Road – and Arrive Alive!!
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