The Expert will be specific knowledgeable people at the Department of Transport, Arrive Alive Communications,
the Road Traffic Management Corporation or others who might have the expertise to answer the question.
28 Jan 2009
| By Caro Smit
Question
Is the Parking lot of a Mall deemed private property ?
Can the Municipal Traffic Officers go into the parking lots to check seat belt use,or to fine motorists?We asked them to do this and they said they could not, as it was private property.
Answer
The R T Act definition of public road is wide enough to include parking spaces, there is a SA decided case on the question is a service station forecourt a public road, the decision was yes as it meets the definition. However there are moral questions iro the prosecution for routine offences in such an environment, and pursuit of a suspect in more serious cases such as drunken driving or even taxi violence, I prefer the latter option.
Firstly I would like to touch on the definition of public road as stipulated in the road traffic act 93/1996.
“public road’’ means any road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access and includes –
a) the verge of any such road, street or thoroughfare;
b) any bridge, ferry or drift traversed by any such road, street or thoroughfare; and
c) any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;
A parking lot of a mall is deemed to be public road because the public has access to it. Enforcement can be done there but some authorities shy away from it. From time to time you find policemen on foot patrol in parking lots vigilant of any criminal activity. How can one enforcement authority conduct their duties and not the other. If a crime is committed within the parking lot in front of a police official is he going to turn a blind eye and say he has no jurisdiction as this is a public road. The authorities at Midmar Dam often call on us to conduct enforcement in the resort.
[ KZN Traffic Inspectorate]
29 Jan 2009 | By Rajen
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