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Travelling Abroad? Beware of new enforceable motoring fines

May 6, 2017 by Jeanette Miller in category News, Traffic Fines tagged as with 4 and 0
Home > News > Travelling Abroad? Beware of new enforceable motoring fines
driving abroad

It is slowly getting to that time of the year where many of us are eager to travel to much warmer weather to enjoy a well-deserved vacation or a family trip. However, from 06 May 2017, there may be something more than a sunburn following you home! If you take to the roads on your excursion out of the UK and commit a motoring offence such as speeding, drink driving, running a red light, etc., you can expect a fine to follow in the mail! This is all due to the Cross Border Enforcement Directive that has been transposed into UK law.

What is the Cross Border Enforcement Directive?

The directive is aimed at tracking down people who commit traffic offences in vehicles which are registered in an EU member state different to where the offence was actually committed. Its primary aim would be to allow police forces/enforcement authorities where the offence was committed to pursue and fine the driver or registered keeper of the vehicle.

This directive has been implemented by 25 out of 28 member states of the European Union into their law, and as of the 6th of May it will be implemented into UK law as well. All other members have had the directive transposed into their law since 2015, however the UK, Ireland, and Denmark had until 2017 to fully implement the directive.

Which offences can be chased?

The directive covers 8 specified offences which includes:

This means that if you’re traveling abroad and you commit one of these motoring offences the authorities from that specific country will be able to contact UK authorities to pursue the fine against you.

The directive will be particularly useful for offences which can be detected automatically, such as speeding and running red lights.

How will these offences be chased?

Each EU member state who has the directive in place will have contact point for the system. This contact point will allow them to have access to an exchange system with the identification of drivers. When an offence is committed, the contact point will allow prosecuting authorities from the member state to search through our information system.

If the authorities from the member state where the offence was committed wish to follow up on the fine, a letter will be sent to the registered owner of the vehicle. This letter must:

  • Be in the language of the registered vehicles certificate
  • Contain relevant information about the offence
  • The nature of the offence
  • The date and time of detection
  • The article of the piece of legislation infringed upon, and
  • The legal consequences of the offence

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

The Department of Transport has stated that there is no transfer of penalty points to UK Driver Licences for motoring offences committed abroad.

Will the fine be the same as it is in my home county?

No. The level of fine will be the same amount that a registered owner of that country would receive. This means, depending on where the offence was committed, it could be more, or less, than a fine you would receive in the UK.

Travelling abroad in the future

If you ever travel abroad again, the EU have produced a guide which can be viewed online here and downloaded as an app to ensure that drivers can familiarise themselves with the driving laws of the 28 member states before they visit and take to the road.

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Call Geoffrey Miller Solicitors 24 hours 7 days a week

Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.

You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.

4 Comments

  • Richard Prance
    on March 16, 2019 Reply

    Is there a statutory time limit for the French authorities to issue a Violation Notice? I have today received 2 notices dated 28/02/2019 (but postmarked 09/03/2019) for alleged speeding on 31/08/2018.

    • Jeanette Miller
      on July 13, 2020 Reply

      Dear Richard

      Thank you for your enquiry.

      Unfortunately we cannot advice on statutory time limits in France as this outside of our jurisdiction.

      Kind regards

      Geoffrey Miller Solicitors

  • Dan
    on February 7, 2020 Reply

    What is the legal requirement from the new directive to inform UK insurance companies of a speeding fine received from aboard?

    You note that no points are applied, but if an insurance company asks to ask of ‘any’ fixed penalty notices, would this include from aboard?

    • Jeanette Miller
      on July 13, 2020 Reply

      Dear Dan,

      Thank you for your enquiry.

      As the fixed penalty notice is not recorded on your driving licence you will not normally need to declare this to your insurance company. However, we would recommend that you consult your insurance terms and conditions to be sure.

      Kind regards

      Geoffrey Miller Solicitors

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