Most South African drivers will be stopped at a roadblock or pulled over by traffic officers at some point, and the frequency rises sharply over the festive season. Most of these encounters are routine. But many drivers are unsure what officers may lawfully ask for, whether their car can be searched, and what happens if they have unpaid fines.
Knowing the rules helps you cooperate confidently, protects you against abuse and makes it easier to challenge unlawful conduct afterwards. It is also a good time to check the position on traffic fines. Phase 2 of the Administrative Adjudication of Road Traffic Offences (AARTO) system went live in a further 62 municipalities on 1 July 2026 after a court bid to stop it failed, although the Western Cape obtained an exemption from that phase.
Roadblocks, checkpoints and traffic stops
Not every stop is the same, and the powers of the officials involved differ.
Police roadblocks. Section 13(8) of the South African Police Service Act 68 of 1995 allows the National or Provincial Commissioner to authorise a police official in writing to set up a roadblock, where it is reasonable for a policing purpose. The written authorisation must specify the date, approximate duration, place and purpose of the roadblock. At an authorised roadblock, police may search any vehicle and its occupants without a warrant, and seize articles connected to an offence.
Roadblocks without prior authorisation. The Act also allows police to set up a roadblock without written authorisation where there are reasonable grounds to believe, for example, that a serious offence has been committed and a suspect or evidence is being transported in a vehicle, and that the delay of obtaining authorisation would defeat the purpose.
Traffic stops. Under the National Road Traffic Act 93 of 1996, a traffic officer in uniform may require a driver to stop and may inspect the vehicle’s roadworthiness and the driver’s documents. Police and metro police officers also have traffic officer powers. A routine traffic stop does not, on its own, give a general power to search the vehicle without a warrant or consent.
What you are required to do
- Stop when lawfully directed. Failing to stop at a roadblock or when instructed by an officer is an offence.
- Produce your driving licence. Drivers must carry a valid driving licence and produce it on request. Professional drivers must also carry their professional driving permit.
- Ensure the vehicle licence disc is valid and displayed, and that the vehicle is roadworthy.
- Cooperate with a lawful search at an authorised roadblock.
- Submit to a breath test if requested. Refusing to provide a breath or blood sample can lead to arrest, and blood samples may be taken under the Criminal Procedure Act 51 of 1977. See our article on drunk driving charges.
Your rights
- To see the authorisation. At a police roadblock, a person affected by it may ask to see the written authorisation, which should be produced.
- To verify identity. You may ask an officer to identify themselves and show their appointment card. If you are unsure whether a vehicle with flashing lights is a genuine police or traffic vehicle, you may slow down, switch on your hazard lights and drive to the nearest police station or a busy, well-lit area.
- To dignity and privacy. Searches must be conducted with respect for your dignity. A body search should be carried out by an officer of the same gender.
- To remain silent. If you are arrested or suspected of an offence, you have the right to remain silent and the right to a lawyer under section 35 of the Constitution.
- Not to pay fines on the spot. Officers may tell you about outstanding fines, but they cannot force you to pay at the roadside. They may not confiscate a valid licence to pressure you into paying.
Outstanding traffic fines and arrest
You can only be arrested for unpaid traffic fines if a court has issued a warrant of arrest, usually because you failed to appear in court on a summons or written notice. Where a valid warrant exists, the officer may arrest you or, in many cases, give you the option of paying an admission of guilt amount.
Where AARTO applies, unpaid infringements follow an administrative process instead. Infringement notices, courtesy letters and enforcement orders take the place of court summonses, and an enforcement order can block the renewal of your driving licence or vehicle licence. Penalty points under AARTO are still to be implemented at a later stage. Because the Western Cape is not in the current phase, Cape Town drivers should check how fines from each authority are being processed and keep their contact details on the eNaTIS system up to date.
Arrest without a warrant
Officers may arrest without a warrant in the circumstances set out in section 40 of the Criminal Procedure Act, for example where an offence is committed in their presence or where they reasonably suspect a serious offence listed in Schedule 1. Arrest is a serious step, and officers must exercise their discretion rationally. An unlawful arrest can found a claim for damages, as we explain in our article on wrongful arrest claims.
Bribery and abuse
Offering a bribe to avoid a fine is an offence under the Prevention and Combating of Corrupt Activities Act 12 of 2004, as is soliciting one. If an officer asks for money, do not pay. Note the officer’s name, force number, vehicle registration and the location and time, and report it to the officer’s station or metro police, or to the Independent Police Investigative Directorate where SAPS members are involved.
A practical checklist for drivers
- Carry your driving licence, and check that it and your vehicle licence disc are valid.
- Pull over safely when instructed, switch on your interior light at night and keep your hands visible.
- Stay calm and polite, and ask questions rather than argue.
- Ask to see the officer’s identification and, at a police roadblock, the written authorisation if you need to.
- Do not pay money at the roadside to an officer, and never offer a bribe.
- Check your fines status regularly and deal with summonses before their court dates.
- If you are arrested, exercise your right to remain silent and contact a lawyer.
- Write down what happened as soon as possible after any incident you may want to challenge.
How O’Reilly Law can help
We assist clients arrested at roadblocks or traffic stops, including bail applications, drunk driving and other traffic-related charges, and representations to the prosecution. We advise on warrants of arrest for unpaid fines, AARTO enforcement, and claims for unlawful arrest, detention or search.
Contact us if you have been arrested or charged after a traffic stop.
Related reading: Charged with drunk driving: what happens next · Arrest and criminal investigations: your rights
This article is general information and not legal advice. Correct as at November 2026.