In a recent statement that many Johannesburg residents needed to hear, spokesperson for the Johannesburg Metropolitan Police Department (JMPD) Xolani Fihla confirmed that motorists are not required to pay traffic fines immediately when stopped at roadblocks. This revelation cuts through the confusion surrounding roadside checks, where many have felt pressured to settle their fines on the spot.

Read more: What to know about roadblocks in South Africa

“You do NOT have to pay traffic fines at roadblocks,” Fihla asserted. He explained that the JMPD operates under the Administrative Adjudication of Road Traffic Offences (AARTO) system, which allows drivers to receive a list of fines without being obligated to pay them while at the roadside. “You’re not forced to pay traffic fines immediately at a roadblock, and you won’t be arrested for any outstanding traffic fines,” Fihla elaborated during his interview with 702.

Understanding Your Rights

It’s vital for motorists to be aware of their rights when stopped at a roadblock. According to Wayne Duvenage, CEO of Organisation Undoing Tax Abuse (OUTA), fines must be officially communicated to the driver within 30 days of the offence to be considered valid. “If you are not notified of a fine within that timeframe, you don’t have to pay those fines… if it’s not your car and you weren’t there, you must object to the fines,” he advised.

Motorists should take advantage of their right to refuse immediate payment, which can prevent unnecessary financial strain, especially for cash-strapped drivers. The JMPD aims to provide services to the public rather than instigate immediate punishment at roadblocks.

Also read: JMPD and Malawian delegation conduct roadblock

Addressing the issue of ‘luxury roadblocks’

The JMPD has also come under scrutiny for conducting roadblocks that some describe as targeting luxury vehicles, particularly in affluent areas. In response, Fihla clarified that while officers have discretion regarding which vehicles to stop, there is no formal target for luxury cars specifically. “Officers have the discretion of which vehicle they want to stop. It’s not necessarily that there is a target that you need to stop luxury vehicles,” he said, citing that roadblocks are often positioned in high-traffic areas like Sandton Drive.

Concerns about the ethics of traffic stops have led to calls for accountability. Fihla urged motorists to report any instances of corruption or coercive practices by officers. Citizens can reach out to the JMPD’s anti-corruption hotline at 080 020 3712, or the City of Johannesburg’s emergency line at 011 375 5911.

What happens at a roadblock?

At a roadblock, law enforcement officers possess certain legal rights, including the authority to check for outstanding fines and the roadworthiness of vehicles. Here are some critical points for motorists to remember when stopped:

• Officers can search individuals and vehicles under certain conditions, or if consent is given.
• Traffic officers have the authority to issue fines if violations are detected, or they may impound vehicles deemed unroadworthy.
• Officers cannot engage in any form of physical or verbal abuse. Your rights should always be respected.

While it may be tempting to settle fines at a roadblock to avoid future hassles with licence renewals and other administrative issues, it’s crucial to remember that payment is not compulsory at the roadside. “We are advising motorists to pay their fines, but you’re not legally obliged to do so on the spot,” Fihla told eNCA.

In conclusion, understanding your rights at roadblocks can save you from unnecessary stress and financial strain. By remaining informed and vigilant, you can navigate these encounters with confidence. As Xolani Fihla reiterates, “You do NOT have to pay traffic fines at roadblocks.”

Stay safe, stay informed, and drive responsibly!

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Related article: Know your rights at a roadblock