STOP SIGN AT THE POLICE ROADBLOCK To start explaining more about the Police Stop sign and what is expected when you reach such sign, we have to look at the provisions of the Road Traffic Act Cap 69:01 Laws of Botswana. Remember, we cannot talk about law without coming up with any citation from any statute, text or law report. I am aware that some people like to argue some points of law without citing any relevant section or a decided case. People shall desist from that practice. ------------------------------------------------ Let us look at the provisions of section 78 of the Road Traffic Act, Cap 69:01 Laws of Botswana, ------------------------------------------------ Subject to and in conformity with such general or other directions as may be given by the , a road authority may cause or permit traffic signs to be placed on or near a road. (2) Traffic signs shall be of the prescribed size,colour and type except where the minister authorises the erection or retention of a sign of another character. (3) After the commencement of this Act, no traffic signs shall be placed on or near any road except under and in accordance with subsection (1) and (2): Provided that- (i) Nothing in this subsection shall apply to any notice in respect to use of bridge; and (ii) A road authority or police officer of or above the rank of Inspector may authorize the erection of any traffic sign for any special purpose for a period not exceeding seven days, and such traffic sign shall be deemed to be lawful even though it does not conform to the requirements of this section. ----------------------------------------------- Our main concern here is the Police stop sign mounted at the road block. Please be advised that, the sign does not conform to the requirements due to the fact that, it is not of a prescribed size. The height of the stop sign pole from the ground level to where the sign starts does not conform to the requirements under the road traffic Act. The sign is not prescribed by the minister. But the law allows a police officer of the rank of inspector and above to temporarily mount that sign for special purpose. According to part (ii) of the section, we expect the police stop sign not to last beyond a period of 7 days. That is my understanding of this particular section. We move on. Let us now look at section 57 Sub section 1, The driver of a vehicle shall at all times- (a) obey any directions given, whether verbally or by signal, by a police officer in uniform in the execution of his duty. (b) conform to the indications given by any duly prescribed traffic sign or signal; and (c) ............... (2) Notwithstanding subsection (1) instruction conveyed by a traffic signs consisting of lights shall takew precedence over those conveyed by other means, and the directions given by a police officer in uniform shall take precedence over the instructions conveyed by any traffic sign and over any rules of the road. Now, let us relate this provision to the police road block. At the police roadblock, there is a stop sign, and a check point where vehicles are checked. The expectation is that, when the officer is still attending to a motorist at the check point, the vehicle following that of the motorist yo o chekiwang, shall stop at the stop sign until the officer finishes with mokgweetsi yo a neng a mo cheka. Ke ka fa go tshwanetseng go diragala ka teng. Failing to stop attracts a charge of P1000 if i am not mistaken. I stand to be corrected. But When the officer is standing at the check point, and he is attending no vehicle. You pass the stop sign and stop at the check point where the officer will attend to you. Remember, the provisions of section 57 (2) when there is a police officer in uniform, he take precedence over the traffic sign. Lepodise lone ka bolone fa le le mo tseleng le apere uniform, o tretiwa jaaka traffic sign, any signal e a e ntshang you must conform to it. So ga re solofele go utlwa gotwe motho o chajitswe o ne a sa ema mo stop sign, o eme ko check point, mme ka nako eo go ne go sa attendiwa koloi epe fa a ema foo. Yesterday somebody asked gore fa mapodise ba seo mo tseleng mme di stop signs di le teng ba dire jang? The answer is very simple. When there are no officers on the road, you proceed. Di stop sign tseo di bereka fela fa mapodise a le mo tseleng, remember, they are not prescribed signs. Thank you very much. You are all at liberty to add, to substract, to ask a question or to differ with me.
Posted on: Mon, 22 Dec 2014 08:27:38 +0000
Trending Topics
Recently Viewed Topics
© 2015