Your rights and responsibilities as a road user in South Africa

In December 2023 the number of registered vehicles on South African roads amounted to 13 133 035 according to the South African Government News Agency. There was an increase of around 168 000 registered vehicles compared to December 2022. During the 2023 festive season there was an estimated total of 1 184 fatal motor vehicle accidents and during the entire 2022 period there was a total of 12 436 fatal motor vehicle accidents.

Considering the ever-rising number of road users, it is crucial for motorists to know and understand their rights and responsibilities, as well as the potential consequences of the violation of road traffic laws and the remedies available to them in the case of unlawful arrest.

This article aims to highlight certain rights and responsibilities of motorists in the event of an accident and what is expected of you at a roadblock or when you are pulled off the road by the authorities:

You’ve been in an accident, what now?

Some of the most essential rights and responsibilities of motorists in terms of the Road Traffic Act, 93 of 1996 and the Criminal Procedure Act, 51 of 1977 include:

• You may not drive away from the scene of an accident in which you were involved. This is known as a “hit-and-run”, and you could face criminal charges.
• Accidents must be reported to the police within 24 hours. An accident report can either be opened at the scene of the accident (if someone has been seriously injured or killed) or at the nearest police station.
• You may not withhold your personal information from others involved in the accident, persons assisting at the scene, interested parties, emergency services or police officers.
• You may not refuse to provide a police officer with your information if you are pulled over.  However, you have a right to request the police officer’s proof of identification and if the officer fails to provide you with an appointment certificate, any action taken by such officer will be unlawful.
• The current alcohol limit for motor vehicle drivers in South Africa is a blood alcohol content of 0.05% (this could be as little as 350ml of beer). You may not refuse to take a breathalyser test or blood test and can be arrested for such refusal or if your blood alcohol level exceeds the legal limit.

You’ve been directed by an official to pull off the road, this may be at an official  roadblock, or you may otherwise be directed to pull over:

• If pulled over by the police, they may arrest you if:
  • There is a criminal charge against you;
  • You are a suspect in a criminal investigation;
  • They have a warrant for your arrest;
  • They have witnessed you committing a crime or have a reasonable suspicion that you have committed a crime.
• You may not ignore a police roadblock if pulled over, and you may be arrested if you refuse to comply.
• You may not refuse a search of your vehicle by traffic officers during a roadblock. Under any other circumstances, an officer may only search your vehicle if it is believed that you committed a crime, or a search warrant has been issued by a judge or magistrate.
• You have the right to drive to the nearest police station if an unmarked vehicle is trying to pull you over.
• If arrested, you have the right to:
  • Remain silent;
  • Be informed of the reason for your arrest;
  • Consult with a lawyer of your choice; and
  • Be brought before a court as soon as possible, but no later than 48 hours after arrest.

Sanctions:

Depending on the severity of the road traffic violation, you can face sanctions in the form of a fine, imprisonment, license suspension or disqualification from obtaining a license.

Unlawful arrest:

If your arrest does not comply with the provisions of the Road Traffic Act or the Criminal Procedure Act, you will have the right to bring an action for unlawful arrest.

If at any stage, you suspect that you might be in trouble or danger on the road, immediately call a trusted person or an attorney to assist you.

By: A Van der Westhuizen

Associate