Topic: Road Rage
The is no such crime as road rage per se in South Africa, but
when someone reports such an incident, the criminal charges can
vary. They could include murder, attempted murder, culpable
homicide, assault with intent to do grievous bodily harm, common
assault, reckless or negligent driving (whether there is an
accident or not), inconsiderate driving or any other
contravention of the National Road Traffic Act, malicious
damage/injury to property and /or crimen injuria.
The term ‘road rage’ is used to describe an angry reaction by
a driver of a vehicle, passenger or a pedestrian in the road
traffic environment in response to some action, gesture or
verbal statement made by the driver of another vehicle,
passenger or pedestrian. However, a conflict situation between
two pedestrians is not considered to be a road rage incident.
The result of road rage can be death, injury, trauma to a person
and /or damage to fixed/ movable property.
The key elements in a road rage incident appear to be anger,
frustration, impatience, irrationality, stress, being in a
hurry, a “don’t care” attitude and the previous commission of
traffic criminal offences on a regular or occasional basis. The
consumption of intoxicating liquor, a drug having a narcotic
effect or medication could also play a role.
A road rage incident can be reported at any police station of
the SAPS, whereupon a written statement will be taken down for a
criminal investigation to follow. The day, date, time and
location of the incident must be stated, as well as the
particulars of any eye-witnesses, colour, make and number plate
number of the perpetrator/suspects vehicle and any vehicles of
potential independent eye-witnesses, etc. The chance of a
prosecution and conviction is greater when there are independent
eye-witnesses.
TIPS TO AVOID BECOMING A VICTIM OF ROAD RAGE
- Obey all the rules of the road
- Avoid making eye contact with aggressive drivers.
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