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.
20 Feb 2009
| By Taz
Question
About 1 year ago, a traffic officer took my drivers licence and drove away, saying i should follow him, which i did not. In December, my license disc was removed from my windshield by a metro police officer in eldorado Park near the Golden highway. The reason was a dirty engine. Yesterday, my licence disc was again almost taken off because of my window winder on the drivers side was faulty. Please can you give me a guidline policy on the reasons good enough to remove my licence disc off my windscrean. What are my rights on the road when being intimidated by a metro police officer. thank you
Answer
A traffic officer has the powers invested in him/her to remove a vehicle from the road if he deems it necessary. The complainant (driver) does not state why he was requested to follow the officer (traffic officers do retain the drivers licence to ensure that the person does follow them as instructed. In this case this person failed to comply. I find it hard to believe that any traffic officer will want to suspend a vehicle because the engine is dirty or the window winder is faulty. Generally traffic officers will remove a vehicle off the road if he/she is certain that this vehicle can be detrimental to other road users including the driver or his /her passengers. Some examples are defective steering mechanism , brakes, tyres, excessive oil leaks etc.
In response to the query, a Traffic Officer has the right to give such an instruction as to follow him/her and hold onto to such licence. (Depending on circumstances and reason)
A dirty engine does not constitute a vehicle to be unroadworthy, therefore a Sec 44 –Notice to discontinue operation of a motor vehicle should not be issued.
The window winder on the driver’s side is required to be operational for a roadworthy test, but not reason enough on its own to make the vehicle unroadworthy that
it now becomes suspendable.
In order for a vehicle to be issued with a Sec 44 – Notice to discontinue operation of a motor vehicle for being unroadworthy, the following should be or suspected to be defective or in a bad condition:
Brakes, steering, tyres, structural damage,
Wiring, excessive oil leaks and fuel leaks.
Any of the above or a combination of any renders a vehicle unroadworthy.
.A vehicle could also be issued with a Sec 44 –Notice to discontinue operation of a motor vehicle for modifications to suspension (heating, welding, and cutting),
tinted windows, illegal lights etc.
I hope the above answers your query, please feel free to contact if you require any further information.
23 Feb 2009 | By Rajen
Thank you for your response. I would still like a guidline policy to this effect.
1- i was not given a reason as to why i need to follow him. To this day, I still drive with my licence card and have queried my licence card several times at your offices.
2- I was never "issued with a Sec 44". In fact when I took my car to roadworthy, they told me just to go and get another disc. Which I did.
To date, I drive the same dirty engine car with its faulty window winder.
I find it hard to believe that are withholding very important information such as: My disc was taken off illegally and i should have gone to the police station to open up a case of theft. Then log a complaint with the relavent department. I now will no longer feel intimidated by traffic officers. thank you
02 Mar 2009 | By Taz
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