There are legal risks of allowing unauthorised individuals to direct traffic during outages
Katlego Sekhu
On Siz The World’s Open Line this morning, a listener raised an interesting point.
Since South Africa began experiencing loadshedding, there has been a noticeable increase in unauthorised people, often homeless individuals, directing traffic when traffic lights are out.
The listener wanted to know who would be held liable if an accident occurred while one of these individuals was coordinating traffic. Here is what the law and the insurance industry have to say.
The legal position: it is illegal
Under the National Road Traffic Act (NRTA) 93 of 1996, only specific, authorised individuals are legally permitted to direct traffic on public roads. These include:
Uniformed traffic officers and metro police
Members of the South African Police Service (SAPS)
Authorised pointsmen, such as the privately trained and deputised OUTsurance pointsmen
Anyone else directing traffic has no legal authority to do so. Section 3J of the Act makes it an offence to falsely present yourself as an authorised officer. While most informal traffic directors are not wearing uniforms, they are still performing a function reserved for the state.
Law enforcement agencies, including the JMPD, have repeatedly warned that these individuals are acting unlawfully and that standing in the middle of a busy intersection poses a serious road safety risk.
What this means for insurance
Insurance companies are often the final arbiters in these situations. While many insurers acknowledge the realities of South African traffic, their legal position is firm.
You cannot rely on “the homeless man told me to go” as a valid defence in the event of a collision.
If an accident occurs, an insurer may argue contributory negligence. In other words, even if you followed someone’s hand signals, you may still be found at fault for failing to keep a proper lookout or for not following the standard four-way stop procedure. This could result in a partial or even total rejection of your claim.
In case you missed it, check out the Open Line podcast.
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