No more fines in the post from EU countries if you're on UK plates |
No more fines in the post from EU countries if you're on UK plates |
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#1
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Member Group: Members Posts: 22,183 Joined: 3 Dec 2010 Member No.: 42,618 ![]() |
Regs published today https://www.legislation.gov.uk/uksi/2020/1361/made so we should see a decrease in French and Italian threads (which seem to be the most common).
-------------------- I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. No, I am not a lawyer. |
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#2
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![]() Member Group: Members Posts: 1,321 Joined: 13 May 2010 Member No.: 37,524 ![]() |
Does that mean, we also cannot prosecute non British citizens who commit motoring offences in the UK?
I think you'll find there are far more non UK registered cars in the UK, than UK registered cars abroad. |
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#3
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Member Group: Members Posts: 4,382 Joined: 5 Jan 2007 From: England Member No.: 9,919 ![]() |
Expect an increase in stops and spot fines when abroad then!
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#4
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Member Group: Members Posts: 22,183 Joined: 3 Dec 2010 Member No.: 42,618 ![]() |
Does that mean, we also cannot prosecute non British citizens who commit motoring offences in the UK? We've never really done that, no UK police force has ever bothered prosecuting foreign registered offenders, it's just too much effort and hassle. For starters, you'd have issues proving a NIP was served abroad within the 14 day period. Secondly, it is unlikely s172 could have force of law outside the UK, so any correspondence issued could be safely ignored. Of course, foreign offenders who are stopped at the roadside can be issued on-the-spot fines (or more precisely the police can take a roadside "deposit"), but we've been doing that for years. So in practice, for UK law enforcement nothing will change. -------------------- I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. No, I am not a lawyer. |
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#5
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Member Group: Members Posts: 339 Joined: 7 May 2019 Member No.: 103,734 ![]() |
Does that mean, we also cannot prosecute non British citizens who commit motoring offences in the UK? We've never really done that, no UK police force has ever bothered prosecuting foreign registered offenders, it's just too much effort and hassle. For starters, you'd have issues proving a NIP was served abroad within the 14 day period. Secondly, it is unlikely s172 could have force of law outside the UK, so any correspondence issued could be safely ignored. Of course, foreign offenders who are stopped at the roadside can be issued on-the-spot fines (or more precisely the police can take a roadside "deposit"), but we've been doing that for years. So in practice, for UK law enforcement nothing will change. S172 doesn’t even work in Northern Ireland, there’s no way it works in Europe. |
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#6
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Member Group: Members Posts: 312 Joined: 6 Jul 2005 Member No.: 3,329 ![]() |
Plus the fact that all communication has to be in a language that the recipient understands.
As most SCPs can barely communicate in English, I dread to think how they'd effectively communicate with Pierre, Klaus, Miguel or Guiseppe. ![]() |
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#7
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![]() Member Group: Members Posts: 31,502 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 ![]() |
S172 doesn’t even work in Northern Ireland, there’s no way it works in Europe. So what do SCPs do when faced with a vehicle registered in NI or a Crown Dependency? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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#8
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Member Group: Members Posts: 339 Joined: 7 May 2019 Member No.: 103,734 ![]() |
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#9
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![]() Member Group: Members Posts: 31,502 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 ![]() |
S172 doesn’t even work in Northern Ireland, there’s no way it works in Europe. So what do SCPs do when faced with a vehicle registered in NI or a Crown Dependency? What do you think they can do? I think they can (and do) make enquiries to determine the RK’s address. They then serve an NIP and s 172. I have a view that the s 172 has no legal effect but I’m interested in your view. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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#10
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![]() Member Group: Members Posts: 46,799 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 ![]() |
So will the agreed deal overturn this change? Not clear yet to me.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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#11
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Member Group: Members Posts: 22,183 Joined: 3 Dec 2010 Member No.: 42,618 ![]() |
So will the agreed deal overturn this change? Not clear yet to me. While I am only part way through reading it, as far as I understand it the answer is no. After all, the cross-border enforcement agreement doesn't apply to Switzerland or the EEA countries, so why would it apply to a non-EEA country like the UK? -------------------- I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. No, I am not a lawyer. |
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#12
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Member Group: Members Posts: 5,606 Joined: 19 Dec 2006 From: Near Calais Member No.: 9,683 ![]() |
There's been a couple of cases on here of Swiss authorities contacting UK drivers about speeding fines.
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#13
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Member Group: Members Posts: 375 Joined: 6 Aug 2009 Member No.: 30,955 ![]() |
There's been a couple of cases on here of Swiss authorities contacting UK drivers about speeding fines. Swiss authorities contacted home office who forwarded the fine paperwork to the owners local plod or passed owners details to the swiss authorities. I'm not aware it has ever been an official agreement. |
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#14
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Member Group: Members Posts: 22,183 Joined: 3 Dec 2010 Member No.: 42,618 ![]() |
There's been a couple of cases on here of Swiss authorities contacting UK drivers about speeding fines. Swiss authorities contacted home office who forwarded the fine paperwork to the owners local plod or passed owners details to the swiss authorities. I'm not aware it has ever been an official agreement. I'm not sure there's anything the Swiss authorities can do once they have those details, nor does plod have any authority to enforce a foreign issued criminal penalty. -------------------- I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. No, I am not a lawyer. |
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#15
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Member Group: Members Posts: 5,606 Joined: 19 Dec 2006 From: Near Calais Member No.: 9,683 ![]() |
My point entirely. However, from what I've read on one of the FB political groups, there's a couple of paragraphs in the Trade Agreement with the EU that enables the exchange of RK details between the EU and UK authorities, but apparently nothing about the ability to collect fines from another country.
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#16
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Member Group: Members Posts: 22,183 Joined: 3 Dec 2010 Member No.: 42,618 ![]() |
My point entirely. However, from what I've read on one of the FB political groups, there's a couple of paragraphs in the Trade Agreement with the EU that enables the exchange of RK details between the EU and UK authorities, but apparently nothing about the ability to collect fines from another country. Well of course not, after all these is no such agreement with Norway / Iceland / Switzerland even though (unlike the UK) they all participate, to different extents, in Schengen and the EU internal market. Cross-border collection of fines is only available between EU members. -------------------- I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. No, I am not a lawyer. |
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#17
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Member Group: Members Posts: 1,867 Joined: 17 Jun 2011 Member No.: 47,602 ![]() |
My point entirely. However, from what I've read on one of the FB political groups, there's a couple of paragraphs in the Trade Agreement with the EU that enables the exchange of RK details between the EU and UK authorities, but apparently nothing about the ability to collect fines from another country. Switzerland is not a party to the Trade Agreement. |
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#18
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Member Group: Members Posts: 22,183 Joined: 3 Dec 2010 Member No.: 42,618 ![]() |
My point entirely. However, from what I've read on one of the FB political groups, there's a couple of paragraphs in the Trade Agreement with the EU that enables the exchange of RK details between the EU and UK authorities, but apparently nothing about the ability to collect fines from another country. Switzerland is not a party to the Trade Agreement. I was referring to the arrangements between Switzerland and the EU, to point out that there is no cross-border enforcement between the EU and Switzerland, notwithstanding the fact that Switzerland for all practical purposes is part of the EU market. As for trade, there is a seperate trade agreement between the UK and Switzerland, which has nothing to do with the EU. -------------------- I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. No, I am not a lawyer. |
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