Road Traffic Prosecuted Abroad

You may be reading elsewhere that a “new” EU law that may be passed next week will mean that for this summers holidays driving abroad in Europe – if you come from the UK that for certain driving offences you will be prosecuted and pursued back to the UK to your home address for fines and issuing of penalty points.

Of course the true nature of this “reporting” by the motorcycling press and those masquerading as such, as always are semi factual and a bit sensational seeking.

Here are some snippets bearing in mind that the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland did not “sign up” to the original directive.

“Whilst considering the Commission’s original 2008 proposal, Parliament suggested strengthening the approach by making it possible not only to notify vehicle owners of offences but also to impose penalties on non-residents in the same way as residents.”

“Court of Justice of the European Union found that Directive 2011/82/EU had been adopted with an incorrect legal basis.”

“Given the technological progress that had been made in detecting certain offences, such as driving under the influence of drugs, Parliament and the Council agreed at second reading to include in the scope of the directive four new areas that had by then acquired sufficient maturity as offences and also posed a risk to the safety of the driver and other road users (driving under the influence of drugs, riding a motorcycle without a helmet, using a mobile phone whilst driving and use of a forbidden lane).”

“To date, 20 of the 25 Member States to which the directive applies have transposed it into national law, and initial indications suggest that the new system is now starting to have the desired effect. Denmark, the UK and Ireland, who had previously decided not to take part, have no reservations and are asking for nothing more than a transitional period similar to the one the other Member States had.”

“Parliament therefore has to adopt a new directive before 6 May 2015 so as to avoid a situation in which almost all the Member States that have already transposed the annulled directive into their national legislation are left in a state of legal limbo.”

Amendment – By way of derogation from the first subparagraph, the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland may extend the deadline referred to in this subparagraph to …*.

* OJ please insert the date one year after the entry into force of this Directive.

The extended deadline mentioned above will possibly be 2017.

And somewhere in the directive it says this – “This Directive upholds the fundamental rights and principles recognised by the Charter of Fundamental Rights of the European Union, including the respect for private and family life, the protection of personal data, the right to a fair trial, the presumption of innocence and the right of defence.”

So whats the big deal – it is not all about speed cameras catching you on a road in Europe and you getting a fine to your door.

What are your thoughts?

Information

Draft European Parliament Legislative Resolution on the proposal for a directive of the European Parliament and of the Council on facilitating cross-border exchange of information on road safety related traffic offenses – Click Here