Construction Zones on Freeways

One of the most frequently asked questions that come our way is “Are the cops allowed to trap in a construction zone?” and the answer to this question is unfortunately not as easy as it would appear to be to answer.

The reason for this is that information regarding where the Traffic Authorities are and are not allowed to set up speed traps is a very closely guarded secret! Even though the DPP (Directorate of Public Prosecutions) has issued permits to the various Traffic Enforcement Authorities to set up camera speed traps in a variety of locations, including the freeways which fall into what are now construction zones, no clarity is forthcoming with regards the amendment of these permits to trapping vehicles travelling at more than 90km/h from the issued previously permits for 130km/h.

In January 2009, it was deemed that fines issued in the construction zones between September and November 2008 were illegal (see http://www.motoring.co.za/index.php?fArticleId=4804728) because the camera traps were unauthorised, but JMPD spokesperson Superintendent Wayne Minnaar then said the authority has since been obtained and the traps had been operating legally since the beginning of December 2008.

So, if Wayne Minnaar says it’s so, then who are we to question his say so? After all, they (the JMPD) didn’t tell anyone that their trapping was illegal in the first place, they just took the money from those who admitted guilt.

As Wayne Minnaar so aptly said: "You can't get a refund because by paying an admission of guilt fine you've admitted that you were speeding." Well, well. Perhaps we should all avail ourselves of the “convenience” payfine.co.za hey?

Whether trapping in the construction zones is legal or not, the fact still remains that these areas are extremely dangerous places to be – by design – on purpose – un-challenged! Most South Africans drive four-wheeled vehicles, but have you ever stopped to think about what happens to those of us who ride motorcycles when we hit the Scalectrix that have been intentionally, recklessly and negligently carved in the road surface by the contractors in the GFIP (Gauteng Freeway Improvement Program), like Siyaya, Grinaker LTA, etc.  One can only assume that this is because grooving is way cheaper than road paint to cover the previous lines, but why are these dangerous grooves allowed to remain?

Some of these grooves are so deep that even cars sway all over the place when they hit them. Then you get the ones which are carved in a path leading directly into a concrete or steel barrier. An inexperienced motorcyclist can find themselves in severe peril if they hit one of these things – at whatever speed as they throw you off balance and can cause you to lose control.

Then there is the lane-narrowing which has been implemented in order to cater for the concrete barriers that protect the workers (usually sitting) in the construction zone areas. This narrowing barely caters for a car or bakkie to fit in the lane, let alone a heavy truck, of which there are hundreds, if not thousands on every freeway construction zone daily.

A motorcycle is not only allowed but is expected to pass between the lanes of traffic in congested times – not add to congestion - however, in doing so a motorcyclist takes his/her life in their hands since there is often only a few centimetres gap between the traffic.

Under the now defunct Road Traffic Act, it was an offence for anyone to cause damage to the road surface. Provision must have been made under AARTO too. So then why pray tell have none of the contractors been prosecuted for the damage they have caused to the portion of the road that we, ordinary road users are expected to use? Simple – There is more money in camera speed fines. Who wants to protect motorists anyway? Certainly not the Traffic Authorities!

Anyway, back to the construction zone saga. Are you aware of the fact that in terms of section 7 and 9 of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) - simplified for your consumption, legislation prohibits anyone entering a construction zone if they fail to meet certain criteria? Some of these regulations are as follows:

• Before anyone enters a construction site, be it their own workers, another contractor or visitor, they are to undergo a health & safety induction course for that site which points out to them the hazards of the site and the rules applicable thereto.
  
  
• Part of the rules would include Personal Protective Equipment that they would need to wear on a site.
  
  
• They will also need to carry proof of this training on the site, of which the principle contractor doing the work has a copy.
  
  
• In terms of working on roads, workers on those sites will at all times have to wear high visibility vests and in most cases construction safety helmets and safety shoes (steel toe cap).

Use the easy matrix below to see if you qualify to be in a construction zone.

Is this meant to be a joke? You draw your own conclusions, or invest in a GPS Navigation device and stay the hell out of construction zones since you are there illegally. The law is not open to interpretation. It is the law and that is that!

The criminals have cottoned on to the lucrative business of photographic fines. Check out the Fraud Fines section so you don't get caught for a sucker.