I've been searching for some clarity on this new directive other than what has been sensationalised and splashed across the media.
There appears not to be any government guidelines as yet, the only "official" guidelines I can find are on the RAC website which I have copied and pasted below.
There are some anomalies in the legislation which makes it not as clear cut as it may seem
The obvious answer is not to speed which I agree with 100% but this is purely for information and discussion
What is the EU Cross-Border Enforcement Directive – and what does it mean for me?
A new EU cross-border directive related to traffic offences comes into effect in the UK in May. We take a closer look at it and what it means to motorists in Britain.
What is the EU Cross-Border Enforcement Directive?
The directive is aimed at tracking down people who commit traffic offences in cars that are registered in an EU Member State different to where the offence was committed.
It aims to create an automated tool that would allow police forces and other enforcement authorities where the offence was committed to pursue and fine drivers of vehicles registered in other EU states.
Currently, there are a number of cooperation agreements in place for such situations, but these are often not suitable for cross-border traffic offences, which can be complex issues to deal with.
When can we expect it to start?
For many EU Member States the scheme has already been running for a few years.
From November last year, 23 out of the 28 Member States had rolled it out. And it is working. A recent report found that the number of such crimes investigated rose by 4 times.
On May 6, 2017, the scheme will be introduced into the UK, Denmark and Ireland. Only Finland and Portugal have not signed up so far.
EU Commissioner for Transport Violeta Bulc said: "Our evaluation shows that, thanks to the new automatic exchange of information, offenders are less likely to get away with dangerous behaviour.”
What does it mean in reality?
The directive covers eight specified offences – drink-driving, drug-driving, speeding, jumping red lights, forbidden lane contraventions, handheld mobile phone use, seat belts, and not wearing a helmet.
If you’re driving in a country that’s part of the directive and commit one of these crimes, it will become easier to prosecute you. And vice-versa. If people from different countries commit such crimes in the UK it should – in theory – be easier to track them down and prosecute them.
But the directive allows Member States to exchange the identity of the registered keeper or owner of a vehicle – as opposed to the identity of the driver – at the time of the offence.
This is called keeper liability. The UK – along with countries likes Ireland, Germany, Italy, Spain and Austria – runs a driver liability system. This means that more information is needed to commence enforcement proceedings.
RAC spokesman Simon Williams said: “While we are supportive of the principle of cross-border law enforcement, we are fearful differences in Member State laws around whether the driver or the registered keeper of a vehicle is responsible following an offence will mean some EU drivers committing certain offences in the UK will wrongly escape punishment.
“In this sense the Cross-Border Enforcement Directive is a bit of a misnomer as it doesn’t create a level cross-border enforcement playing field.
“Of course, it’s right that any UK driver found to be breaking motoring laws in another European country will have to face the relevant penalty as this has been an unacceptable loophole for too many years, but equally, it is also right that any motorist in charge of a European-registered vehicle found to be exceeding a speed limit, or other such offence, in the UK should face the consequences in his or her own country.
“Unfortunately the application of the directive is simply not practical. In the UK it is the driver of a speeding vehicle who receives penalty points whereas in France it is the vehicle’s registered keeper who is deemed to be responsible.
"This means a French person caught speeding in the UK could get away with the offence if they were not the registered keeper of the vehicle concerned, as the French equivalent of the DVLA can only pass details of the offence to the keeper. This may make prosecution extremely hard for UK authorities.
“And if a UK driver is caught speeding in France in a vehicle they are not the owner of, they too might get away with the fine as the registered keeper in the UK would be pursued by the French authorities to pay.
"While the keeper can state in response they were not the driver, the big question is: will French authorities pursue and fine keepers who claim they weren’t driving at the time?
“The RAC has, however, been advised by the Department for Transport that there is no transfer of penalty points to UK drivers’ licences for speeding offences committed abroad.
“We strongly recommend every motorist travelling to Europe by car familiarises themselves with the local rules of the road as it is ultimately their responsibility to do so. The RAC website has a host of country-specific motoring advice in its News and Advice section.”
Don't forget to leave a review of the French and other European campsites you have visited!
It will never happen now but wouldn't it have been nice to have had the same driving laws and regulations in all EU countries so that you knew exactly what you could and couldn't do.
DaveS1
Unless you lend your car to anybody to drive on the continent with then where's the problem? For most trippers it's only themself or partner driving so just drive careful & watch the speed limits. For most it's a complete non story.
Well ... not if you read the information above ... i.e. the owner of the vehicle is pursued, not the driver ... is why I posted the question.
I presume that it does not apply in all cases.
Hire company has your credit card number & by hiring car you have authorised them to take further payments for damage etc which foreign car hire companies are notorious for doing anyway so they will be happy to take any fines charged to them & probably an extra service charge. Always read the small print.
Don't forget to leave a review of the French and other European campsites you have visited!
What about when you are registered keeper but don't do any of the driving abroad so Wifey is registered keeper but him in doors does the driving abroad? Who would be prosecuted then?
Quote: Originally posted by Bossynix on 01/5/2017
What about when you are registered keeper but don't do any of the driving abroad so Wifey is registered keeper but him in doors does the driving abroad? Who would be prosecuted then?
Wifey would be prosecuted, but I'm sure Wifey would claim it back from him in doors, so it wouldn't make much difference
I don't think anybody is being procecuted & I don't think one would get points on a UK licence for speeding in France. This is simply about recovery of fine incurred. Previously one could be pursued for a motoring fine abroad but there was no legal requirement in the UK to pay it. It now appears that the fine will be legally recoverable in the UK same as a fine incurred in UK.
------------- 2022
North and West wales grand tour (in T5)
Matlock (in T5)
New forest and IOW (in T5)
New Forest
La tranche sur mer
jevea (Valencia)
2023
Cotswolds
Tenby
(added a Compass Rallye to crew)
Royan
La tranche Sur Mer
2024
royan
La tranche
'Wyrd bith ful araed-Fate will out'
Don't forget to leave a review of the French and other European campsites you have visited!
Quote: Originally posted by waz6986 on 03/5/2017
Fines are on the spot in FR.
Not all fines on spot
there are some cameras which you will now get caught and fined by
On the spot fines will still apply as well
------------- 2022
North and West wales grand tour (in T5)
Matlock (in T5)
New forest and IOW (in T5)
New Forest
La tranche sur mer
jevea (Valencia)
2023
Cotswolds
Tenby
(added a Compass Rallye to crew)
Royan
La tranche Sur Mer
2024
royan
La tranche
Amazing family weekend with old steam engines, classic car displays, market stalls, and full catering and bar. And camping on site - Save £25 by booking in advance.
Topic: New cross border laws
