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Foreign Motoring Notices – 2019 Update

March 25, 2019 by in category News with 0 and 0
Home > News > News > Foreign Motoring Notices – 2019 Update

We can only assume the lead up to Brexit has made a number of our European neighbours’ law enforcement agencies step up their collection of speeding fines as in the last month we have had more enquiries about French speeding notices than we have had in the last year! Since the 06th May 2017 the UK has been a party to the Cross Border Enforcement Directive implemented by the European Union and continues to be party to it despite our plans to leave the EU. Our blog from 2016 remains accurate on the subject but we have addressed some additional issues that we have been asked recently by a number of enquirers.

Is there a time limit on enforcement?

The main enquiry we have received recently is about time limits and whether there are any applicable to the notification of an allegation from abroad. (In the UK there are a number of time limits that would apply to low level motoring offences.)

The directive states that the relative enforcement authority from the country where the offence was committed has 12 months from the date of the offence alleged to request the details of the registered owner/keeper of the vehicle.

What is the Cross Border Enforcement Directive

The directive is aimed at tracking down motorists who commit certain offences in vehicles registered outside of the country where the offence was committed but in a member state that is signed up to the directive. 25 of the 28 member states of the European Union currently have the directive transposed into law.

In essence, the Cross Border Enforcement Directive’s main aim is to allow police forces/enforcement authorities where an offence was committed to be able to pursue the registered owner/keeper of the vehicle.

Which offences does the Cross Border Enforcement Directive apply to?

  1. Drink driving;
  2. Drug driving;
  3. Failing to stop at a red traffic light;
  4. Not wearing a seatbelt;
  5. Speeding;
  6. Lane contraventions;
  7. Not wearing a helmet; and
  8. Mobile phone offences.

How does it work?

Each member state that has the directive active will have a contact point that upon the commission of one of the applicable offences will be used to search information systems and request the relevant information from the authorities in the country that the vehicle is certificated in and that also have the directive in place. Should the country wish to pursue an offence they must send a letter to the registered keeper of the vehicle. The letter must adhere to the following criteria:

  1. Be in the language of the registered vehicle’s certificate;
  2. Include relevant details of the offence;
  3. Details of the nature of the offence;
  4. The date and time of the detection of the offence;
  5. The article of the piece of legislation infringed upon; and
  6. The legal consequences of the offence.

Can I get points on my licence for offences committed abroad?

Simply put, No.

The department of transport confirmed upon the implementation of the Cross Border Enforcement Directive that there will be no transfer of penalty points onto UK licences following offences committed abroad.

Will the fine be the same as in my home country?

No. The fine will be the same as would be imposed on a registered owner or driver in the country. It could be more or less than a fine imposed in the UK depending on the offence committed.

Can Geoffrey Miller Solicitors Advise Further on Motoring allegations from abroad?

We are limited in our jurisdiction to advising only on motoring allegations that are committed in England and Wales. We have no knowledge of the laws of our European neighbours and so are unable to advise beyond the scope of the Directive.

How Will Brexit Impact on this?

Like many other Brexit related issues, we have absolutely no idea how and when our departure from the EU will affect the current rules!

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