A regular visitor to the Arrive Alive website brought the above video to our attention earlier today! We decided to share this with 2 of our experts and enquire what the Rules of the Road might be in this scenario and whether charges could be laid against the individual once identified…
Alta Swanepoel:
The following applies:
“driver” means any person who drives or attempts to drive any vehicle or who rides or attempts to ride any pedal cycle or who leads any draught, pack or saddle animal or herd or flock of animals, and “drive” or any like word has a corresponding meaning;
“vehicle” means a device designed or adapted mainly to travel on wheels or crawler tracks and includes such a device which is connected with a draw-bar to a breakdown vehicle and is used as part of the towing equipment of a breakdown vehicle to support any axle or all the axles of a motor vehicle which is being salvaged other than such a device which moves solely on rails; and
The charge of reckless driving applies to any driver. I think this would qualify.
Regards
Alta
Alta Swanepoel and Associates
Howard Dembovsky:
Following on from what Alta said, if prosecution was to ensue as a result of the video and the multiple and strong arguments that it was indeed the skateboard that triggered the speed camera – which, incidentally it would appear was in fact the case – then, I should imagine section 59(4)(a) or (b) would equally apply, based on Alta’s argument.
59 (4) No person shall drive a vehicle on a public road at a speed in excess of –
(a) the general speed limit which in terms of subsection (1) applies in respect of that road;
(b) the speed limit indicated in terms of subsection (2) by an appropriate road traffic sign in respect of that road.
This is of course assuming that the rider of the skateboard could be positively identified and tracked down by the image from the speed camera, since his face is not visible in the video itself.
The interesting part comes from the existence of this video however, since it was clearly not captured by a law enforcement agency and it is quite clear that they did not catch him in the act. Had they have done so, I would agree with Alta that charges of Reckless driving could have been brought against him.
The reason I say this is interesting is that traffic authorities refuse to prosecute based on photographic and/or video evidence of other clear violations, like people driving on the shoulder, facing oncoming traffic, with children quite clearly lying on the parcel shelves of motor vehicles and a host of other moving violations. This is a great pity, since it could certainly have a profound impact on the wanton bad behaviour on our roads and extend traffic law enforcement “eyes and ears” by huge multiples.
Best Regards,
Howard Dembovsky
National Chairman – Justice Project South Africa (NPC)
Association Not For Gain | Incorporated as a non-profit company under the Companies Act, 2008
From a road safety perspective it is important that – even though there is no doubt as to the skill of the skateboarder – this is unfortunately part of the reason why we have so many fatalities on our roads. There is a belief that “it will not happen to me””. The next lesser capable skateboarder who attempts this stunt might kill not only himself but other innocent road users as well! We cannot condone these stunts and need to urge all road users to focus on all the steps required for safer roads!