Author Topic: Traffic Offences in Europe 2018 Update  (Read 944 times)

NH

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Traffic Offences in Europe 2018 Update
« on: January 08, 2018, 07:11:06 PM »
Interesting reading for those that are touring abroad this year.

https://www.guidedmotorbiketours.co.uk/traffic-offences-in-europe-2018-update/
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Grayo

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Re: Traffic Offences in Europe 2018 Update
« Reply #1 on: January 08, 2018, 08:33:29 PM »
On my last Euro trip in June 2017, I managed to get flashed by a camera in France after only an hour on the road. I put it down to an overnight crossing (lack of sleep) and a momentary lapse in concentration. I already knew about this Directive and fully expected to receive a NIP. Nope.............nothing to date !  :ride
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HollowPoint

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Re: Traffic Offences in Europe 2018 Update
« Reply #2 on: January 09, 2018, 06:12:58 PM »
As I understand it, whilst there is something being set up by the EU to share information between member states, there's absolutely zero legislation to actually enforce it. So you'll get a notice, but to my knowledge, there's no legal grounds whatsoever to make you pay it.
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NH

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Re: Traffic Offences in Europe 2018 Update
« Reply #3 on: January 09, 2018, 06:45:26 PM »
It came into force in the UK on May 6th 2016 so motoring offence fines received from other euro countries have to be paid. It was already in force in many euro countries for several years before that.

https://www.rac.co.uk/drive/news/motoring-news/what-is-the-eu-cross-border-enforcement-directive/
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HollowPoint

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Re: Traffic Offences in Europe 2018 Update
« Reply #4 on: January 09, 2018, 07:11:07 PM »
Indeed, however, as you can see in the link below, they do not send you a summons, a fine, or a judgement in absence, or in fact, any kind of demand to pay, they send you an 'information letter' informing you of the 'consequences' of you breaking the law, along with a communication form to dispute it, or inform them that you were not driving, etc. etc.

http://etsc.eu/faq-eu-cross-border-enforcement-directive/

Have a quick look at the section headed "10. What happens if a fine is not paid?" there's a link in there, which I've included below for simplicity, that describes the *only* way another EU country can force you to pay a fine when you're no longer present, or resident in that country. It's neither cheap, nor quick, nor effective, nor does it carry any penalty for making them go down that route (Like a parking fine is cheaper if you pay within 30 days, etc.) despite the fact it will cost a fortune to enact.

http://ec.europa.eu/justice/criminal/recognition-decision/financial-penalties/index_en.htm

The final link below, contains a list of French traffic offences for reference and their respective fines. In the link above, it details the method in which an EU country can force a resident of another country to pay a fine (For example, France decides you were 10kmph over the limit, fines you, but you don't pay and they tell the UK to fine you instead and pass on the money) and details that it can be refused by the UK authorities, on various grounds. One of those grounds is that the fine is less than 70.......the fine in France, for breaking the speed limit by less than 20kmph, when the limit is over 50kmph (i.e. doing 119kmph on a 100kmph motorway, the most likely violation of French law, at a guess) is 68........The fine for failing to pay a toll? 35......... Quite surprised at this next one...... Using a vehicle, with NO BRAKING SYSTEM!!!!! - 68

https://www.french-property.com/guides/france/driving-in-france/driving-offences/

So, whilst you would definitely have the UK police knocking down your door to pay the 150,000 fine for causing death whilst driving in France and you may well be escorted to France using the European Arrest Warrant, to spend some time in jail, it's unlikely that most speeding offences will be followed up. In fact, I doubt many fines under 500 will be followed up to be honest, as it's more costly and more hassle than it's worth, to both the Police of the foreign nation involved and the UK.
« Last Edit: January 09, 2018, 07:13:24 PM by HollowPoint »
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NH

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Re: Traffic Offences in Europe 2018 Update
« Reply #5 on: January 09, 2018, 07:39:10 PM »
Interesting read that. It will be interesting to watch developments on this legislation as Brexit proceeds to conclusion.
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HollowPoint

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Re: Traffic Offences in Europe 2018 Update
« Reply #6 on: January 09, 2018, 07:50:30 PM »
Interesting read that. It will be interesting to watch developments on this legislation as Brexit proceeds to conclusion.

Indeed. If we actually leave the jurisdiction of the ECJ, the whole system will be shut down and considered non-operational (We were not a part of it at all and to my knowledge, had no intention of joining the scheme, until the ECJ ruled that we had no choice, as members of the EU), unless the UK govt actively goes out of its way to somehow stick with the program from the outside. If we remain under the ECJs jurisdiction, it will remain in force. The actual directives to force minor fines and such to be paid across borders however, is not likely to get any more stringent until the EU superstate really takes off and state parliaments become more of a 'regional council'. Even then, this is probably at the bottom of their list.
If everything seems fine, you're not going fast enough