The Tshwane Metro Police Department urges motorists to adhere to traffic regulations when driving. Driving under the influence of alcohol, excessive speeding and jumping red lights remain a great concern.
Motorists are also encouraged to take an active stand against corruption by reporting any unprofessional, unethical and unlawful conduct of any Tshwane Metro Police Department official.
Motorists’ basic rights
To be treated with dignity and respect.
- Not to be arrested without a legitimate and reasonable cause.
- If arrested, to be informed about the reasons for such arrest.
- To know the identity of the officer you are dealing with. You may at any time request the officer’s appointment certificate on which the identity of the officer is confirmed.
- To record the proceedings on any device and to not have such device confiscated or be forced to delete any footage.
- Not to be tortured in any way or arbitrarily punished by an officer.
- Not to have your identify document, driving licence or any other property seized without just and legal cause.
- Not to be forced to make any confession or admission that could be used against you in a court of law.
- To dispute any offence that you are charged with in a court of law.
- To be presumed innocent of any offence until proven guilty.
Motorists’ obligations
- To use public roads and your vehicle in a responsible manner in accordance with the rules of the road.
- To bring your vehicle to an immediate stop when instructed to do so by a police officer.
- To treat the officer with the same respect you would like to be treated with.
- To provide the officer with your name, address, driving licence and any other reasonable information the officer may legally require from you.
- Not to offer or pay a bribe of any nature to an officer.
- Not to resist arrest when a legal arrest is being executed.
- To report any attempt of extortion or other misconduct as soon as possible.
Rights and obligations when stopped by a traffic officer
- When you are signalled by a patrol vehicle to pull over, indicate that you have noticed their instruction by activating your indicator light closest to the shoulder of the road where you can pull over safely. If you are stopped at a road traffic checkpoint, the officer will indicate where you must stop.
- Remain in your vehicle. The officer will approach you. Keep your hands on the steering wheel, as it will be visible to the officer and will serve as an indication that you pose no threat to the approaching officer.
- Treat the officer with respect. The officer in turn must treat you with the necessary respect and courtesy.
- The officer should explain to you why you have been stopped and request your driving licence from you. Comply with the request and provide the officer with the information that might be requested from you.
- The officer can also inspect your vehicle. Remain calm, stay in your vehicle and comply with any reasonable request.
- If there is reasonable cause, the officer will then proceed to issue a notice. Remain in your vehicle. Do not fight with the officer or offer to pay a bribe.
- After completing the notice, the officer will explain the content of the document and the consequences of the notice. These consequences pertain to compliance and non-compliance with the content of the notice.
- You will be requested to sign the notice. After signing the document, the officer will give you the original notice. Keep this document safe, as you will need it later – either to comply with its instructions or to dispute the matter in court. The officer’s identity will be on the document.
- The officer will give you permission to continue with your journey.
Circumstances in which you can be arrested
Reckless and negligent driving, excessive speeding and extreme overloading
- Drunk driving – if you refuse to provide a breath or blood sample when requested to do so
- Driving without a licence
- Refusing to provide the officer with your correct identity
- Interfering with the officer’s duty, assaulting an officer or if you admit to a criminal offence in the presence of the officer
- Being in possession of a prohibited substance or item, or a forged document
- Any road traffic offence that resulted in a dangerous situation