Who may use blue lights? Here's what the law says and what you should do when you see them

The incident in which deputy president Paul Mashatile's police VIP protection unit allegedly assaulted a motorist and passengers over the weekend has sparked a debate and placed “blue light brigades” in the spotlight.

A video clip showing eight members of the VIP protection unit allegedly assaulting a motorist and passengers travelling in a VW Polo on a highway in Gauteng was circulated on social media this week. One of the assaulted men was seen left lying on the side of the road.

Mashatile confirmed the officers are part of his protection detail. He said he was not in the vehicle at the time but noted he “abhors any unnecessary use of force, particularly against unarmed civilians”.

Four of the eight VIP protection unit members have been suspended.

According to the SA Police Service (SAPS), the use of identification lights is regulated by the National Road Traffic Regulations. 

“The legal framework regarding identification lights and sirens is applicable to the vehicle and not to the person operating the vehicle. For instance, should a designated official be using a different vehicle, they may not place the identification lights on said vehicle.”

Blue lights

A blue light may only be fitted on vehicles operated by:

• SAPS members and municipal police services;
• Traffic officers;
• Members of the SANDF military police.

Red, green, white lights

The following identification lights may be fitted on vehicles:

• Red lights — ambulances, firefighting or rescue vehicles;
• Green lights — disaster management vehicles;
• White lights — vehicles owned by a registered security service provider and driven by a security officer.

Amber lights

Amber lights can be used on emergency vehicles that are:

• Employed in connection with the maintenance of public roads;
• Engaged in the distribution and supply of electricity;
• Engaged in the supply of essential public services;
• Operated in terms of the authority granted by an MEC in terms of section 81 of the National Road Traffic Act;
• Breakdown vehicles;
• Refuse compactor vehicles;
• Vehicles carrying an abnormal load and the vehicles escorting them, if any.

Orange light

A flashing orange light may only be used as follows:

• Where a breakdown has occurred;
• Where maintenance or other work, or an inspection is being carried out;
• When a breakdown vehicle is towing a motor vehicle, or in the event of a vehicle carrying an abnormal load.

“Vehicles other than emergency vehicles or vehicles authorised by the relevant MEC in a province, may not be fitted with orange identification lights,” said SAPS.

What to do when you see blue lights

According to the National Road Traffic Act, vehicles displaying a red or blue light, have absolute right of way when it’s safe to do so. 

Motorists cannot decide which blue lights are important and which not. However, should they think the light is being used illegally, they should take the registration number down and report it.

Speaking on eNCA, Stefanie Fick, executive director of the Organisation Undoing Tax Abuse (Outa), said “blue light brigades” are not above the law.

She said assaulting someone on the road and creating danger by standing in the middle of a freeway is not a justification for their duties.

“Under normal circumstances, the police have got a job to do [but] they cannot abuse or violate traffic road signs and speed limits just willy-nilly. One has to believe they are doing that because of a certain purpose,” said Fick. 

She said there is a trust deficit between citizens and law enforcement. 

“Because we have seen stuff like this, there is a trust deficit. Therefore the question arises: should I move out of their way or are they abusing their power?”

“If you are not protecting the deputy president and there is not an urgent need, it is difficult to fathom what could have happened to act that way.”

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