Originally Posted by nicholsong
I was going to raise the point about reporting drink driving at levels which is an offence in one country but not in another, but I thought I was been a 'picky' lawyer, so I am pleased to be in good company
These things do happen and I wonder whether they were considered by the legislators or not even thought about for consideration.
From my own personal perspective it is interesting that governments will accept reporting offences even when the laws are incompatible but will not accept other countries' 'MOT' on the basis that the tests are 'not compatible. I do understand that the Courts in UK can ignore offences which do not coincide with UK law - then why write into the legislation that offences based on incompatible laws should be reported?. The two approaches seem to be, shall we say, 'incompatible''
It will be interesting to find out how long it takes for every EU country to establish systems to report to every other EU country(Factorial 28 - 28!) and how many contracts to IT consultants have to be issued before the system is 100% operational. Did the EU do the calculations of the cost ? and if so can we find the figures and I wonder by how much those estimates will be wrong in reality? Anyone want to make a book?
I think you are over thinking and complicating. Its an access and notification system. Its running, and has been for sometime. through most of Europe,
So I have a licence from Country A and am driving and commit an offence in Country B. Country B will be able to access the Driver records of Country A, either to identify who I am to send on the fine, or check my record. That's just an access code or password, no big IT issues. I am then convicted and sentenced, As Country B enters that into its data base it informs Country A, presumably there will be a dedicated clerk and e-mail address for such notifications - although what they do with the info is moot.
The UK and Ireland have been negotiating and trying to sort out cross border recognition and reciprocity of endorsements, penalty points and disqualifications for 20+ years and even with similar systems based on a common source, common law principles and a, mainly, common language, they haven't managed it yet.
Its one of the reasons I maintain an IOM and an Irish licence, just in case