ROADBLOCKS, TRAFFIC FINES, SPEEDING AND DRIVING UNDER THE INFLUENCE IN SOUTH AFRICA: KNOW YOUR RIGHTS AS A MOTORIST

South African motorists are regularly stopped at roadblocks and asked to produce their driver’s licence and vehicle documentation. In many instances, motorists report being told that they must pay outstanding traffic fines on the spot or risk having their licences withheld and/or being detained as a result of non-compliance.

This issue has gained widespread attention in recent months, following viral social media videos and reports alleging such conduct by law enforcement officers. In light of this, it is important to understand what the law actually permits and what your rights are when interacting with officers at a roadblock.

We believe that an informed public is an empowered one. This article sets out the legal position governing roadblocks, fines, speeding, DUI offences, warrants and document seizure in South Africa.

Are You Legally Required to Pay Fines at a Roadblock?

The simple answer is no. Motorists are under no legal obligation to pay outstanding traffic fines at a roadblock, even if mobile payment machines are on site. Unless a valid warrant of arrest has been issued by a competent court, law enforcement officers cannot compel you to make payment, detain you or withhold your licence or any personal documentation to pressurise you to compel.

This is supported by two pieces of legislation:

1.    The Criminal Procedure Act 51 of 1977 (“the CPA”), and

2.    The Administrative Adjudication of Road Traffic Offences Act 46 of 1998 (“AARTO”).

In the absence of a court issued warrant, officers may not use intimidation or physical means to enforce payment. Instead, they may issue you with a written notice (in terms of Section 56 of the CPA) requiring you to appear in court or to pay an admission of guilt fine within a prescribed period.

What Are Officers Permitted to Do at a Roadblock?

Law enforcement officers may:

• Request to see your driver’s licence and vehicle documentation;

• Inspect your vehicle for roadworthiness;

• Check for outstanding fines or warrants of arrest;

• Issue a warning or notice to appear in court; and

• If they have a reasonable suspicion that a crime has been committed, search your vehicle.

However, they may not:

• Force you to pay fines at the roadside;

• Confiscate or withhold your licence or Identity Document to compel payment; and

• Arrest or detain you without a valid court issued warrant.

Are Mobile Fine Payment Units Legal?

Yes they are, however they are entirely voluntary. Municipalities using the AARTO (Administrative Adjudication of Road Traffic Offences) system (such as Johannesburg and Tshwane) often deploy mobile fine payment units at roadblocks. These allow motorists to conveniently resolve fines but may not be used as a coercive tool. While you may choose to settle fines at such a station, you are under no legal duty to do so. Any such conduct may amount to abuse of authority.

What Should You Do if You Are Coerced or Threatened?

If an officer unlawfully withholds your documentation or insists that you pay a fine under duress, you have the right and we suggest that you:

• Remain calm and respectful;

• Request the officer’s full name, rank, badge number and vehicle registration;

• Most of the above information can be found on their SAPS appointment card;

• Ask if a valid warrant exists and request to see it;

• Record the interaction (you are legally allowed to film or photograph police officers. It is illegal for officers to confiscate and/or damage your recording device or to force you to delete the footage);

• If you suspect someone is not an official officer, you may contact 10111 or submit a complaint with the station commander or the Independent Police Investigative Directorate (“IPID”).

Understanding Roadblocks vs Roadside Checks

South African law differentiates between roadblocks and roadside checks and your rights vary depending on the nature of the stop.

Roadblocks

Roadblocks are regulated under Section 13(8) of the South African Police Service Act 68 of 1995. These must be authorised in writing by the National or Provincial Commissioner. The authorisation must state:

• The purpose of the roadblock;

• The location and duration; and

• The general area affected.

At a lawfully authorised roadblock, officers may stop and under certain circumstances, search vehicles and persons without a warrant. You are entitled to request proof of this authorisation if stopped.

Roadside Checks

Roadside checks are informal and fall under the National Road Traffic Act 93 of 1996 (“NRTA”). They do not require prior written approval. Officers may check licences and registrations but cannot search your vehicle or person unless:

• You consent; or

• They have a reasonable suspicion that an offence has been committed.

Speeding: What You Need to Know

Speeding is a serious offence under the NRTA and may lead to fines or arrest depending on the severity.

Fines and Penalties

• Here are the approximate fines for speeding:

  • 11 – 15 km/h over the limit: ± R250;

  • 30 – 40 km/h over the limit: ± R1,500 or may trigger a warning to appear in court; and

  • 40 km/h and over: Immediate arrest

If you are pulled over for speeding

You have the right to:

• Request to see the speed reading from the device used;

• Ask for the calibration certificate (must comply with South African National Standards related to Road Traffic Law Enforcement Systems (SANS 1795) standards);

• Refuse to pay on the spot, instead, request a formal AARTO infringement notice; and

• Contest the fine through proper legal channels.

If you are arrested for excessive speeding

If you exceed the limit by 40 km/h or more:

• You may be arrested and detained;

• Tip: Always carry a copy of your ID and proof of residence in your vehicle (for purposes of bail and legal support);

• Tip: Keep cash (not card) available for purposes of bail but do not pay bail informally, always wait for your formal bail to be set; and

• Do not provide a statement until you have spoken to your legal representative.

The same procedural safeguards apply to DUI related arrests.

Driving under the Influence (“DUI”)

Driving under the influence is a criminal offence in South Africa under Section 65 of the NRTA (it applies even if your vehicle is stationary and the engine is running).

Legal Alcohol Limits

Blood Alcohol Concentration (“BAC”):

0.05 grams per 100 millilitres of blood

Breath Alcohol Concentration:

0.24 milligrams per 1 000 millilitres of breath

It is important to note that the Johannesburg Metropolitan Police Department (“JMPD”) has adopted a zero tolerance approach to drinking and driving. Any alcohol detected, even below the statutory limit, may lead to immediate arrest and prosecution.

Motorists are strongly advised not to consume any alcohol before and/or during operating a motor vehicle, as JMPD officials will not exercise discretion where alcohol is involved.

If you are suspected of DUI

• The officer must have reasonable grounds (e.g., smell of alcohol, slurred speech, swerving your vehicle);

• A breathalyser may be administered;

• If the result is positive, you may be taken for a blood test, which must be conducted by a registered medical professional within 2 (two) hours.

Take note:

• Refusal to provide a specimen is an offence under Section 65(9) of the NRTA;

• You must be informed of your right to contact an attorney;

• You may not smoke and/or consume alcohol after being detained until the sample is taken.

Why Is It Important To Know Your Rights?

Convictions for road traffic offences such as DUI or reckless speeding carry serious legal and personal consequences, including:

• Criminal records;

• Arrest and detention;

• Imprisonment or fines;

• Licence suspension; and

• Loss of employment (especially where driving is a condition of your work).

What Happens If You Ignore Your Fines?

While you are not required to pay fines at a roadblock, ignoring traffic fines altogether has consequences. Over time, municipalities may:

• Issue a warning requiring you to appear in court;

• Apply for a warrant of arrest for non-payment or contempt of court;

• Block your vehicle licence renewal through AARTO enforcement mechanisms.

If a warrant is issued, you may be arrested, including at future roadblocks. This underscores the importance of checking the status of any outstanding fines and resolving them through the proper channels.

Conclusion

Understanding your rights is the first step in asserting them. If you encounter unlawful conduct during a traffic stop, know that legal recourse is available. It is advisable to settle outstanding traffic fines. However, the law is clear: you cannot be forced to pay at a roadblock and officers may not detain you or withhold your documents in the absence of a valid court issued warrant.

If you are facing charges for speeding, DUI or believe your rights were violated at a roadblock, we will gladly assist you. Contact us at info@rouxlegal.com.

By Bradon Wolmarans

(Associate)

17 July 2025

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this article, neither the writer/s of the article nor the publisher shall bear any responsibility for the consequences of any actions based on information and/or recommendations contained herein. The URA article material is for informational and educational purposes only.