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Best practice

22nd February 2007
Page 39
Page 39, 22nd February 2007 — Best practice
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Tips for operators dealing with roadside enforcement and possible prosecution:

*Ensure driving staff are aware of your firm's policy in dealing with the policeNosa at the roadside.

• Ensure drivers inform you when they are stopped by the policeNosa even if no problems arise.

• Obtain a full and detailed account from your driver after any roadside stop; take this down in writing so there is a good record the driver might leave your employment and this information will be lost.

• Ensure your driver provides a detailed explanation of exactly what was said by/to the policeNosa and whether any formal interview was conducted at the roadside.

• Ensure you take in any documents relevant to the investigation and possibly supplied to the driver by the policeNosa.

• Do not permit drivers to give statements purportedly on behalf of the business if they are not authorised to do so. If the police/Vosa wish to interview the company, they can do so at a later stage.

• Drivers should conduct themselves

appropriately towards the policeNosa in any later proceedings, adverse inferences can be drawn from impolite or obstructive conduct.

• Drivers should be aware that failing to mention important and relevant facts at the roadside, particularly when being interviewed, could be harmful to any defence. *Where drivers have digital data downloaded by the policeNosa they should request a copy of this at the roadside.

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