Although the use of jamming devices to avoid detection by traffic officers trapping drivers using lasers is illegal, they are freely available for purchase online, and prosecuting those who sell them is tricky due to grey areas in the law.
People who use laser jamming devices are acting in contravention of the National Road Traffic Act. This morning, a report emerged that a motorist was caught with a jamming device and is set to be charged with defeating the ends of justice.
However, while using these gadgets is illegal under South African law, the Act does not make provision for a penalty, and the driver cannot be charged under the Administrative Adjudication of Road Traffic Offences (Aarto) Act. As a result, the authorities are using the charge of defeating the ends of justice because of the grey area in the law.
In addition, despite many online outlets offering these tools with the selling proposition that they can be used to jam lasers for a few seconds, this is a grey area. It is not clear whether online retailers can be held liable for selling the jammers.
Illegal
About three-and-a-half years ago, the law was amended to include clauses that stipulate that no one can use a car that is fitted with a device that "interferes or detect[s] the use of a speed monitoring or measuring device".
In addition: "No person may have in his or her possession whilst travelling in a motor vehicle a device that interferes or detects the use of a speed monitoring or measuring device."
According to Howard Dembovsky, chairman of the non-profit Justice Project South Africa, while the law has not specifically made it illegal to either sell or possess the devices, it is illegal to possess them while in a vehicle.
Dembovsky says this shows a lack of care in drafting the law in order to make the sale of the devices illegal. He says the question will be resolved when a High Court determines the interpretation of the clause and decides whether it is wide enough to include those who sell the jammers for the purpose of breaking the law.
However, charging speedsters with defeating justice is also fraught with difficulties, because the officers will not be able to prove that the motorist was speeding, and cannot then prove that the driver intended to break that law, says Dembovsky.
Dembovsky says the sector is "stuck in this circular incompetency" and should be charging people with the right crime. As far as he is aware, no one has been convicted for defeating the ends of justice in such instances.
Doing what is possible
However, transport spokesman Tiyani Rikhotso says the charge of defeating the ends of justice can be used if someone detracts an officer of the law from enforcing legislation. He points out the lasers will pick up whether they are being jammed, as information - such as speed and registration numbers - will not be picked up.
Rikhotso says the lawmakers would have meant that Act to be interpreted in such a way that the only reason a person would have such a device in his/her vehicle is if s/he intended to get away with speeding. However, clamping down on the seller is a grey area, he concedes.
Should someone be selling the device for the purpose of it being used to infringe the law, they "must be brought to book", says Rikhotso. He says they would have to defend themselves by showing the units are being sold for a different purpose, as they would be seen as acting as an accessory in the breach of the law.
While Rikhtso concedes the law is currently restrictive in its application, he says the charge of defeating the ends of justice will work as a means to punish those who have been convicted. However, he notes, there must be a clear transgression of the law before legal action can be taken.
Easily available
A search on Google indicates there are several retailers that sell the jammers online. ITWeb contacted a local outlet, which declined to be named due to the legal grey area.
The retailer freely admitted it sold the jammers, for just more than R7 000, but said sales had slowed recently. In addition, the outlet said it had not updated its Web site and only had one magazine advertisement because of the potential breach of the law.
If there is a grey area, or selling the units is illegal, then it is best not to mention the advertisements, the retailer said. The site specifically advertises that the jammer will prevent the laser from reading speed for four seconds, and will not be able to display the "dreaded jamming" message.
The site, on the orders page, has an image of what appears to be a traffic officer, followed by the wording: "Rather pay me."
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