USE OF LASER JAMMER IS ILLEGAL |
A motorist was arrested and charged for the offense of defeating the ends of justice for the use of a laser jammer on the N3 near Heidelberg in Gauteng on Saturday, 05 January 2013. In terms of regulation 292A (1) and (2) of the National Road Traffic Regulations 2000, the operation of a motor vehicle on a public road to which a jammer or detection device is fitted that interferes with or detects the use of a speed measuring device or the possession of such a device whilst travelling in a motor vehicle is prohibited. These devices are outlawed not only in South Africa but amongst other states as well such as the USA, New York in particular, the United Kingdom and Australia. The use of such devices for road safety purposes is questionable. In countries where there is a road safety disciplined culture, these devices including a GPS fitted with speed and red light camera alerts serves to warn an approaching driver of a possible hazardous location thus assisting the driver to reduce the speed of the vehicle to accommodate any eventualities at such a location. However, in South Africa, the intended and potential use of these devices are not relevant as the majority of our traffic signals and speed cameras are randomly placed and not informed by fatal and serious injury or road traffic accident statistics, but are generally used to generate revenue for local authorities. Therefore the fitment, possession and use of such devices in our country is prohibited by regulation 292A and can solely be viewed as a premeditated and deliberate act to avoid the detection and prosecution for an offense of speeding. This renders it necessary to proactively identify, detect and impounding a motor vehicle fitted with these devices at roadblocks using the powers conferred upon a traffic officer and a peace officer in terms of section 3J of the National Road Traffic Act, 1996 and the Criminal Procedure Act 1977. The use of laser jammers will only compound the defiant culture of South African road users to break the law with impunity and get away with it because of the stricter mandatory suspension of a driving license as introduced by section 35 of the National Road Traffic Act since 20 November 2010 for certain offenses including exceeding the posted speed in an urban area by 30 km/h and 40 km/h on a freeway. Consequently, besides the charge of defeating the ends of justice, the driver may also be charged in terms of regulation 292A as alluded to above and in terms of section 3J the obstructing, hindering or interfering with a traffic officer in the execution of his or her duty in terms of the Act. A magistrate may impose a minimum sentence of one year imprisonment for any of these offenses upon conviction. Issued by:Road Traffic Infringement Agency (RTIA) |