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Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999)

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National Road Traffic Law Enforcement Code (NRTLEC)

Part 1 : Strategic Direction and Goals

Chapter 2 : Consultative Networks

 

Traffic safety is not confined to the jurisdictions of traffic law enforcement authorities. Many drivers cross the boundaries of these authorities and it is therefore imperative that role players establish protocols that govern the responses when traffic law enforcement practitioners face cross-border challenges. Traffic law enforcement authorities may also periodically face challenges to cope with specific road safety issues and will require bordering agencies to render assistance when called upon to do so.

 

Protocols should be established to ensure mutual aid and assistance can be secured at meso, macro and micro levels of government. The Corporation shall endeavour to standardise traffic officer training and law enforcement practices within Southern Africa Development Community (SADC) in terms of the relevant SADC Protocols.

 

2.1 Mutual aid

 

Road traffic law enforcement authorities may function in an area or areas as contemplated in Section 3A(2) of the National Road Traffic Act, 1996 (Act No. 93 of 1996) and:—

(a) Road traffic law enforcement authorities may, subject to applicable legislation and their capacity, provide mutual assistance to each another.
(b) A request for mutual aid by a traffic law enforcement authority must be made by the Head of Traffic of the requesting traffic law enforcement authority or his or her authorised designee.
(c) Upon receipt of a request for mutual aid, a designated supervisor must immediately determine whether the traffic law enforcement authority has the available personnel and equipment necessary to accede to the request.
(d) The Head of Traffic should authorise the release of personnel and equipment to the requesting traffic law enforcement authority if the necessary required resources are available.
(e) Approval of mutual aid request must be made by the Chief of Traffic, his or her designee.
(f) Approval for mutual aid requests must be in writing.
(g) The designated supervisor shall co-ordinate any approved mutual aid activities with the requesting traffic law enforcement authority.

 

2.2 Mutual aid with the Security Cluster

 

Road Traffic Safety Management will provide assistance to and be assisted by all relevant members of the Security Cluster.

(a) Traffic law enforcement authorities are members of the Security Cluster and shall participate in all inter-government structures that deal with safety and security at their respective levels of government.
(b) No Authority shall participate as a sole representative of the fraternity at a level higher than its own
(c) Monthly reports, attendance registers and task registers of all security cluster meetings must be recorded and stored in a safe place.
(d) All significant national and provincial operations planned through these structures must as soon as possible be coordinated by the Chief of Traffic or his/her designated supervisor.
(e) All members assigned to the security cluster structures’ names must be submitted to the Chief of Traffic for security clearance and accreditation.

 

2.3 Consultation

 

(a) The Chief of Traffic or his/her designee should consult, as the need arises, with relevant interested stakeholders and may develop and maintain liaison or stakeholder consultative networks.
(b) The Head of Traffic must maintain a record of all stakeholder consultative networks, minutes of their meetings and any correspondence entered into between them.
(c) The information mentioned in (b) above must be retained by the traffic law enforcement authority.
(d) Matters that may form the subject of discussions at such forums may include, but are not limited to:
(i) Cost sharing;
(ii) Joint planning and preparation;
(iii) Sharing of responsibilities;
(iv) Conclusion of written documents for co-operation; and
(v) Sharing of information.
(e) A traffic law enforcement authority must maintain a close working relationship with those authorities that share responsibility for coping with extreme road and weather conditions affecting traffic safety.
(f) A traffic law enforcement authority may conclude an inter-jurisdictional vehicle pursuit agreement with other authorities wherein they agree on the procedures to be followed during an inter-jurisdictional vehicle pursuit.
(g) The Chief of Traffic must assist authorities mentioned in (e) above in developing and carrying out mutual assistance policies, procedures and programs to serve the public as effectively as possible when such adverse conditions exist.
(h) Upon discovering an adverse road or weather condition, traffic law enforcement authority personnel must notify the appropriate authorities and persons to deal adequately with such condition.
(i) Traffic law enforcement authorities shall not take instructions or embark upon any law enforcement activity which is biased to any party in a conflict situation or deployed to intervene in violent riots or the removal of settlements except when addressing road safety related matters and or empowered by applicable legislations and regulations.