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post #1 of 37 (permalink) Old 20-05-2014, 12:53 Thread Starter
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Notification of EU driving offences cross border. Stopped

Drivers are going to have to become familiar with a new directive. But not just yet. Sorry if I drift into legalese. There has been stuff posted on here about the new notification directive, BUT the EU Court of Justice has struck it down.

The directive applies to these offences speeding, non-use of a seat-belt, failing to stop at a red traffic light, drink-driving, driving under the influence of drugs, failing to wear a crash helmet, use of a forbidden lane and illegally using a mobile telephone, and allows automatic access to the UK vehicle registration data.

This is potentially of importance to the UK drivers who venture abroad.

The road traffic offences directive was annulled,on the ground that its legal basis was wrong.

However, the directive has been maintained in force (unlike the data retention directive) for a year to allow it to be re-introduced on the correct legal basis.

The history is this. The European Commission introduced the directive in the first place on the legal basis of Article 91 of the TFEU (road safety). The Council, eventually supported by a reluctant parliament - which wanted to bring the matter to an end after three years of negotiation - passed it on the basis of Article 87 TFEU (police co-operation). The Commission then took the matter to court.

You may wonder what difference this makes, to the UK.

Well, the UK has an opt-out from Article 87 (police co-operation), and so the directive has not so far applied to the UK. You will not be surprised to learn that the UK intervened in the case - along with a few others, it must be said - to argue that Article 87 was the correct legal basis after all. But now that Article 87 has been shown to be wrong, and the directive is going to be re-introduced on the correct basis (presumably Article 91 road safety, from which the UK does not have an opt-out), anyone committing cross-border traffic offences is eventually going to have to watch out.

So what does the annulled directive do? It sets up a procedure for the exchange of information between member states in relation to eight road traffic offences (speeding, non-use of a seat-belt, failing to stop at a red traffic light, drink-driving, driving under the influence of drugs, failing to wear a crash helmet, use of a forbidden lane and illegally using a mobile telephone). The member states can access each others national data on vehicle registration in order to determine the person liable for the offence.

However, it is not as far-reaching as the Commission originally wanted. In particular, the current directive has no provisions on what should be done if the offender simply decides to ignore orders for payment. ie Fines cannot be enforced cross border nor penalty points, disqualifications or endorsements. But a new proposal could change that. When the member states altered the legal basis during the adoption process, they threw out a section dealing with legal proceedings for infractions and possible sanctions.

As a result, the current directive does not guarantee sanctions, but only mutual access to vehicle registration data.

It is unlikely that the Commission will introduce controversial new measures now to address this gap in the new directive, since it would probably not then pass in the 12 months allowed. But we can expect such measures in the future, now that the legal basis has been settled. And those new measures will apply equally to UK drivers elsewhere in the EU, and to EU drivers in the UK.

Apparently 5% of drivers on EU roads are from another member state, other than their home state but they account for 15% of traffic offences.
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post #2 of 37 (permalink) Old 20-05-2014, 13:03
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I dont have any sort of problem with that !!!

Remember it will work TWO ways, and visitors to the UK will be in the same position.

Its not the destination that matters.

It's who you share the journey with (even if like me, its in a caravan!)
I am very fortunate to have Mrs Plodd to share mine with
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post #3 of 37 (permalink) Old 20-05-2014, 13:30 Thread Starter
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Fully agree. Just wanted to update everyone.
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post #4 of 37 (permalink) Old 20-05-2014, 13:57
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Oh the dilemma, what do I do, treat a red light as merely a suggestion to slow down as the rest of drivers on Sicily do, or risk the ire of those behind by actually stopping?

Dick
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post #5 of 37 (permalink) Old 20-05-2014, 14:01
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best get all those speeding camera offences in now while I can....

and the Lord said unto John "come forth and receive eternal life". but John came fifth and won a toaster........
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post #6 of 37 (permalink) Old 20-05-2014, 14:42
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great in principle but lets see how it works when you are stranded in the middle of Europe without legal repesentation because you haven't a clue as to why you have had your vehicle seized because no one will speak in English or will produce the paper work in English.

Some things are never thought out properly.
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post #7 of 37 (permalink) Old 20-05-2014, 14:46
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great in principle but lets see how it works when you are stranded in the middle of Europe without legal repesentation because you haven't a clue as to why you have had your vehicle seized because no one will speak in English or will produce the paper work in English.
errrm - as if the UK has a great track record of being able to commune with, or produce written documentation, in the native language of any European that happens to get stopped in the UK.

stop looking at this with one eye - these things cut both ways y'know

and the Lord said unto John "come forth and receive eternal life". but John came fifth and won a toaster........
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post #8 of 37 (permalink) Old 20-05-2014, 15:07 Thread Starter
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and its got nothing to do with stopping and seizing vehicles. Its reporting back to your home country and sharing information

So you get done for Drink Drive in Spain on a GB licence, they will tell DVLA, who wont be able to do anything about it and you will still be able to drive in UK, and everywhere except Spain.

However they will be able to access your UK driving record and see what other driving offences you have in the relevant category and that may influence sentence.

In truth its more about getting addresses to issues court summonses BUT then not being able to enforce any fine or penalty if you ignore them
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post #9 of 37 (permalink) Old 20-05-2014, 15:19
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How many eastern european drivers who are banned back home are flying around our roads?
Even worse how many of them are banned in the UK and at home but produce their home country licence when stopped?which has not had their banned printed on it?
The answer to all the above is "quite a lot"
It will be a good thing when we share.

James
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post #10 of 37 (permalink) Old 20-05-2014, 15:33
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Asked to cede more powers to Europe? How jolly, triggering an EU referendum at the insistence of the Liberals.
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