RTMC is threatening illegal arrests for traffic violations
24 December 2015
The DA wishes every South African safe travels this festive season, and urges extreme caution on our roads.
In lieu of proper road safety initiatives, the RTMC (Road Traffic Management Corporation) has threatened motorists and road users with arrests for transgressions that legislation does not allow arrest. These are bully-boy tactics to cover up for failing to properly plan for preventing this festive season's road deaths.
These threatened arrests include for driving without a licence and not wearing a seatbelt.
Now Traffic officials, who have very limited powers of arrest, and cannot arrest persons without a warrant, have been invited to create a new set of problems where civil claims may well be lodged against traffic authorities for unlawful arrest.
Instead of having a properly coordinated road safety campaign, the RTMC is threatening the public with arrest when they are simply not in a legal position to do so.
The DA will be identifying any wrongful or unlawful arrests and will hold Minister Dipou Peters accountable in Parliament for actions that are taken outside of the law this festive season.
According to Schedule 3 of the AARTO Regulations, 2008 which determine fines and criminal penalties for road infringements, only the following infringements are criminal and can therefore result in arrest:
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5603 |
Operated a vehicle while under the influence of intoxicating liquor or a drug |
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5604 |
Occupied the driver's seat whilst the engine was running and whilst under the influence of intoxicating liquor or a drug having a narcotic effect |
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5600 |
Operated a vehicle recklessly |
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4506 |
Operated a vehicle at a speed of 100+ km/h which is in excess of the general speed limit of 60 km/h which is applicable to that urban road |
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4513 |
Operated a vehicle at a speed of 160+ km/h which is in excess of the general speed limit of 120 km/h which is applicable to a freeway - |
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4520 |
Operated a vehicle at a speed of 140+ km/h which is in excess of the general speed limit of 100 km/h which is applicable to that rural road - Sect. 59(4)(a) |
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4527 |
Operated a vehicle at a speed of 140+ km/h which is in excess of the speed limit of 100 km/h as was indicated in the prescribed manner on a |
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4534 |
Operated a vehicle at a speed of 160+ km/h which is in excess of the speed limit of 120 km/h as was indicated in the prescribed manner on a |
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4541 |
Operated a vehicle at a speed of 80+ km/h which is in excess of the speed limit of 40 km/h as was indicated in the prescribed manner on a |
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4548 |
Operated a vehicle at a speed of 100+ km/h which is in excess of the speed limit of 60 km/h as was indicated in the prescribed manner on a |
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4555 |
Operated a vehicle at a speed of 120+ km/h which is in excess of the speed limit of 80 km/h as was indicated in the prescribed manner on a |
Any other infringement for which a traffic official arrests a motorist under the directive of the RTMC must be considered overreaching of the arm of the law, and an acknowledgement of failure by the RTMC.
Statement issued by Manny de Freitas MP, DA Shadow Minister of Transport, 24 December 2015
