Roadblock legalities





Results 1 to 16 of 16
  1. #1
    Join Date
    Mar 2017
    Location
    Gaborone
    Posts
    52

    Question Roadblock legalities

    On a recent trip from Johannesburg to Gaborone I came accross something I've not seen in South Africa before. Just outside Swartruggens in the North West was a police roadblock like no other. All vehicles were stopped, the license plate read and then either cleared or told to pull off. I was one that was pulled off. I was given a print out of a screenshot of my vehicle allegedly speeding and that I could make payment in the vehicle parked under the tree.


    • First thing that grabbed my attention - ALL vehicles were checked, it didn't matter if you had Botswana, Namibia, Cape Town or Free State plates. (I was in a BW car at the time)
    • Only the license plates were checked (not the disk or any other part of the vehicle)
    • This seems to be some kind of third party operation and not the official SA traffic police, at the time I was stopped only one of the people staffing the setup were clearly official. The rest seemed to be helpers.
    • For some reason people were keen to pay their fines.
    • Payment is either cash or by card machine, reciepts were issued.
    • The official said to me I "can pay there", not that I "must"


    So my question is this - is this even legal? My understanding is that when a fine is issued in SA it's for the driver, not the vehicle. There is a process to be followed whereby the fine has to be delivered (registered mail or something). I feel like these guys get a cut of the fine for having collected it (call it a collectors fee). The card machine stopped working when I tried so I was told I could leave without paying. The whole setup seems dodge.

    TLDR: Roadblock that encourages you to pay fines on the spot.
    Last edited by elphix; 2017/03/27 at 08:46 AM.

  2. #2
    Join Date
    May 2009
    Location
    Ruimsig
    Age
    55
    Posts
    4,343

    Default Re: Roadblock legalities

    Sounds very dodge to me. Was the fine for speeding then or an overdue fine from a previous date and thats why they were using the licence plate? Was there a speed indicated on the photo of your plate? Very odd
    Estee = S T = Sean Towlson

    There is no such thing as inclement weather, only poor selection of clothing.... or Vehicle

    2010 Hummer H3 5.3lt V8, 300 HP, FDL, RDL, CDL, TC and 4:1 Low Range Building for Touring, not Trails

    FJ: One day when I am big

    Land Rovers: Done unfortunately

  3. #3
    Join Date
    Mar 2017
    Location
    Gaborone
    Posts
    52

    Default Re: Roadblock legalities

    Fine was from January 2017 and a speed indicated as well as the speed limit and area. Definitely my vehicle in the picture (although the wife was driving at the time).

    Interesting that non-SA cars are being stopped too now.

  4. #4
    Join Date
    Mar 2008
    Location
    De Wildt
    Age
    57
    Posts
    35,894

    Default Re: Roadblock legalities

    Not legal unless a summons was issued.

    Since this was your WIFE, I suspect said summons was binned as is usual with most women.
    2012 Jeep Sahara Unlimited 3.6 V6
    Percivamus

  5. #5
    Join Date
    Sep 2011
    Location
    Potch/Brits
    Age
    34
    Posts
    3,216

    Default Re: Roadblock legalities

    cant be legal

    Do we have any legal eagles on the forum that can advise accurately?

  6. #6
    Join Date
    Oct 2011
    Location
    Midrand
    Age
    48
    Posts
    2,833

    Default Re: Roadblock legalities

    Check with justice project South Africa. I am sure they will have a position on this.

  7. #7
    Join Date
    Jan 2016
    Location
    king william's town
    Age
    64
    Posts
    1,102

    Default Re: Roadblock legalities

    This sounds like a Police Vehicle Branch operation in which vehicles are checked against registration plates and outstanding warrants of arrest to see if there are wanteds outstanding against the vehicle owner...

  8. #8
    Join Date
    Sep 2006
    Location
    Gaborone, Botswana
    Age
    56
    Posts
    4,963

    Default Re: Roadblock legalities

    This is not the first time. They do this every now and then. Some time ago friends of us were also asked to pay outstanding speed related offenses at this road block.

    BW vehicles don't go slow once they cross the border into SA.

    .
    Last edited by KobusDJ; 2017/09/05 at 05:10 PM.
    Kobus

    Nissan

  9. #9
    Join Date
    Jul 2015
    Location
    Kloof
    Age
    63
    Posts
    388

    Default Re: Roadblock legalities

    Quote Originally Posted by jelo View Post
    Since this was your WIFE, I suspect said summons was binned as is usual with most women.
    Are you still married?

    2015 Suzuki Grand Vitara Summit M/T

  10. #10
    Join Date
    Apr 2008
    Location
    Boksburg
    Age
    54
    Posts
    30

    Default Re: Roadblock legalities

    So a BW vehicle and its driver will look for a loophole not to pay for a transgression in SA....What about sharing the loopholes for avoiding same situation in BW. Or do you just pay the fine on the spot? So in BW we abide but in SA its ok to dodge? Just get some loophole advice. Wow and we say we are so concerned with crime. When is it ok and when not. Where do we start drawing the line?

  11. #11
    Join Date
    Mar 2017
    Location
    Gaborone
    Posts
    52

    Default Re: Roadblock legalities

    @gotdatshirt as a South African citizen I always pay my fines if legally required to do so. If someone were to visit me in BW and transgressed the law I'd expect BW to afford them the same treatment they give locals, that is to say, pay the fine on the spot. The intention of my original post was not to get out of a fine - it was to ascertain whether the method of collection was legal.
    2017 Hilux D/C 2.8GD 4x4

  12. #12
    Join Date
    Dec 2007
    Location
    Kempton park
    Age
    52
    Posts
    1,345

    Default Re: Roadblock legalities

    How would they have delivered a) the fine to the OP in the 1st instance and 2) How would they have delivered a summons in Botswana. Not sure that SA authorities would have BW registered vehicles details on Natis?
    Freddie du Preez
    '97 Defender 90 2.8i (Lots of extras) (SOLD SADLY)
    1999 Disco II V8 Auto (SOLD)
    '07 Disco 3 TDV6 S
    08 Defender 130

    We look forward to the time when the Power of Love will replace the Love of Power. Then will our world know the blessings of peace.
    William E. Gladstone

  13. #13
    Join Date
    Sep 2006
    Location
    Gaborone, Botswana
    Age
    56
    Posts
    4,963

    Default Re: Roadblock legalities

    In the 16 years with a BW registered vehicle I have received 2 summons for speeding in SA. Both cases it was handed to me on the spot. Both cases it was paid before the court date.

    As a South African citizen driving a BW registered vehicle I see no reason trying to run away from the summons.

    Same should apply the other way around.

    EDIT: If I was snapped by camera (unknowingly) for over speeding, how will they get the notice to me? How will I even know there is anything outstanding? The roadblock as experienced by the OP is the only way.

    .
    Last edited by KobusDJ; 2017/11/09 at 11:33 AM.
    Kobus

    Nissan

  14. #14
    Join Date
    Feb 2010
    Location
    Gaborone
    Age
    38
    Posts
    958

    Default Re: Roadblock legalities

    I just got stopped 2 weeks back. Same setup. Plate recognition....

    They have hidden cameras I have heard in Koster in Swartruggens in the 60 km/h zones.

    Be warned!
    1997 Discovery 1 300tdi - Pussy Galore
    1996 Discovery 1 V8 - Mr Creosote

  15. #15
    Join Date
    Mar 2008
    Location
    De Wildt
    Age
    57
    Posts
    35,894

    Default Re: Roadblock legalities

    Quote Originally Posted by Ian.McM View Post
    Are you still married?
    happily for 28 years

    I speak from experience
    2012 Jeep Sahara Unlimited 3.6 V6
    Percivamus

  16. #16
    Join Date
    Dec 2008
    Location
    Bellville
    Age
    51
    Posts
    12,930

    Default Re: Roadblock legalities

    Here is how I understand it -

    - Checking for outstanding fines is perfectly legal

    - providing the opportunity for you to pay, ie "you MAY pay here", certainly is still legal ... game changes if they want to "force" you to pay ....

    - we have been pulled over like that before, friend of ours (just ahead of us), was told of an outstanding fine ... turns out to be a fine for a vehicle he had sold already ..... he was issued some document (not sure of the correct term), which compelled him to settle the fine in X days, or appear in court on a following date. NO threat of having to pay there, nor of being locked up on the spot ....


    I have no issue with these road blocks ! Wish we had MORE roadblocks !!

    Did a trip over the weekend .... many of the legal vehicles were driving properly .... and then you see the boy racer darting through the traffic, and no number plate ... THESE are the culprits that should be taken off the road at road blocks !

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •