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helluvaname
Apologies if I've missed a discussion on this, or it's in the wrong place.

Since the EU Cross Border exchange of information law has been implemented in the UK from 1st May 2017, what options do other EU police forces have against UK citizen drivers allegedly committing offences in other EU countries?

I understand the act ALLOWS a foreign police force to request the KEEPER details of a vehicle from the UK DVLA if they believe an offence (such as Speeding, Running a Red Light, No Seatbelt, etc) has been committed, however, what happens IF the DVLA send them that information?

For example, I assume they (the foreign Police) will then send the KEEPER some form of penalty letter; but:
a) what happens if the keeper was not the driver, or,
b) the keeper simply ignores the notice?

Regarding (a), in some EU countries it is the keeper that is responsible by default, not the driver, but does that mean they can fine, or award points on the licence of, a UK KEEPER?

Regarding (b), if the keeper ignores the notice, what can they do? Presumably not much?
Possible they can wait to see if the KEEPER visits the country again, or the same registration plate is spotted again, but do they have the technology to do that?
Also, as the only regular EU border checks on a vehicle are carried out when entering France form the UK, I'd guess that wouldn't flag up anything if the keeper/vehicle had been accused in another EU country?

There is a piece of EU legislation that allows fines to be collected cross-borders, but again, how far are a local Police authority likely to go to try to collect a fine from a UK driver? PDF of that legislation here: http://eur-lex.europa.eu/legal-content/EN/...214&from=EN

I'm not condoning breaking the law whilst overseas, but given the recent publicity of the introduction of the new law, I was wondering how it could be enforced in practice?

Any thoughts, especially from the legal experts on here?
emanresu
What are you planning to do with your car as that will have an influence on the answer?
helluvaname
I'm not planning to do anything, just trying to understand how the process will work, and what powers an overseas agency has to enforce any penalties.
There seems to be a lot of conflicting opinion, and hype, in the media so was trying to get to some facts on the process.
What are the differences that depend on what one does with ones car?
emanresu
Since you are referring to the DVLA and what they might do, you should ask the DVLA for their take on it. After all before they do anything, they will have checked it out with their lawyers.

DVLA have a Policy Database. There is an FOI (FOIR4369) which has this, if you ask the DVLA for a copy of the updated one. It will cover the subject you are asking about.

Come back when you have a copy of the new one. If you want a copy of the old one, let me know.
helluvaname
I have no doubt the DVLA will provide the information requested, my question was:

QUOTE
"what happens IF the DVLA send them that information?"

For example, I assume they (the foreign Police) will then send the KEEPER some form of penalty letter; but:
a) what happens if the keeper was not the driver, or,
b) the keeper simply ignores the notice?
emanresu
Which police force are you thinking about as your question is too broad.

For example, if you search here for Hungarian, Irish or Italian tickets, they come up quite often. You can see from OP's experiences what happens currently and the general view of the "experts" what will happen.

If you want a definitive answer, ask the [insert nationality here] police force directly.
helluvaname
QUOTE (emanresu @ Wed, 10 May 2017 - 06:38) *
Which police force are you thinking about as your question is too broad.

For example, if you search here for Hungarian, Irish or Italian tickets, they come up quite often. You can see from OP's experiences what happens currently and the general view of the "experts" what will happen.

If you want a definitive answer, ask the [insert nationality here] police force directly.

Do you think it's likely that an overseas Police Force will reply to a hypothetical question on this?

In any case, I would assume the next steps they are able to take will be governed by UK law and the UK legal process, which is what I'm trying to understand.

As far as which countries are concerned, why do you think the legal process in the UK will vary depending on the issuing country? If it helps I was thinking about the more commonly visited countries eg France, Belgium & Germany, but as above i can't see how that affects the process in the UK.
notmeatloaf
QUOTE (helluvaname @ Wed, 10 May 2017 - 10:25) *
As far as which countries are concerned, why do you think the legal process in the UK will vary depending on the issuing country? If it helps I was thinking about the more commonly visited countries eg France, Belgium & Germany, but as above i can't see how that affects the process in the UK.

Because each police force, and even police area, will have their own policy on how to pursue UK drivers?

Most will probably contract a debt collection agency who again will have their own protocol. Probably threatening letters as they are ten a penny.
PASTMYBEST
no need to keep guessing

http://etsc.eu/faq-eu-cross-border-enforcement-directive/
helluvaname
Ah, thank you PASTMYBEST, that document, and the Financial Penalties one it links to appear to explain it well.
The only snag is they rely on the fact that the UK is a member of the EU, so will be interesting to see if anything changes in a couple of years!
Monster 900
I read this article in the Telegraph which seems to suggest the British drivers caught speeding in any of 14 EU countries can be identified and fined using the DVLA whilst foreign drivers speeding in Britain cannot be identified and fined.

The cited reason is that in the EU countries the owner of the vehicle is ultimately responsible for speeding fines but in Britain it is the driver. There are a couple of problems with this:

1. The registered keeper is not necessarily the owner of a vehicle, in the UK, so the EU countries legislation as to owner liability is not met.

2. Surely for speeding EU drivers in the UK the authorities need only demand the driver details from the registered owner and, if not forthcoming, the owner gets fined for the MS 90 offence.

Is this just poor journalism or am I missing something?

[Edit: Just seen a similar thread in the "Government Policy" forum. Mods please move this if the question sits better there.]
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