21 FEBRUARY 2017
23 MARCH 2015
The Drivers of Car Violations Are To Be Tracked Down Throughout Europe
The rules concerning the information exchange on car violations committed by drivers of foreign vehicles are to be applied in every country of the European Union (EU) from 2017 onwards. The expansion of the already existent rules, so that they also include the United Kingdom, Ireland and Denmark, is the main change brought about by the new directive for the cross-border law enforcement, which was issued by the European Council on March 2, 2015.
The EU has already got a directive for the information exchange on car violations. This directive had been issued in 2011 on the legal basis of police cooperation. Nonetheless, the United Kingdom, Ireland and Denmark did not participate due to their particular stance on police cooperation.
A new directive was deemed necessary when the Court of Justice of the European Union stipulated on May 6, 2014 that transportation should constitute the legal basis. The old directive was then annulled, but the Court of Justice provided a deadline of one year for the enactment of the new directive.
According to the new directive, state-members may have immediate access to national data concerning the traffic licenses, so that they can track down any individuals responsible for certain violations that endanger road safety. A sample of the letter included in the directive is to be sent to the alleged offender. The decision concerning the subsequent actions, e.g. the imposition of fines or other administrative measures, reside in the state-member where the violation was committed. The information exchange covers a range of eight significant violations which concern road safety: speeding, non-use of safety belts, failing to stop at red traffic lights, driving under the influence of alcohol, driving under the influence of drugs, non-use of a protective helmet, driving on a forbidden lane, and use of mobile phone or other communication device while driving.
According to the European Commission, the driver of a vehicle registered abroad is three times more likely to commit a violation than a driver who is a permanent resident of the country. In countries of massive transit and tourism, the speeding violations committed by non-permanent residents can reach up to 50% of the total violation number during peak season.
The new directive is to come into force four days after its publishing in the Official Journal of the European Union. This is expected to take place a few days after the signing of the directive by the European Council and European Parliament delegates. The state-members must have the directive incorporated in their respective national legislation by the 6th of May, 2015. However, given that it will take more efforts on behalf of the United Kingdom, Ireland and Denmark to enforce this new system, these states are given two additional years to enact their national provisions (up until the 6th of May, 2017).
The European Commission will have the effectiveness of the directive evaluated by November 2016 at the latest and may suggest appropriate adjustments.
Directive concerning the cross-border information exchange on car violations
Statement concerning the issuance of the car violation directive
Source : NextDeal
The Drivers of Car Violations Are To Be Tracked Down Throughout Europe
The rules concerning the information exchange on car violations committed by drivers of foreign vehicles are to be applied in every country of the European Union (EU) from 2017 onwards. The expansion of the already existent rules, so that they also include the United Kingdom, Ireland and Denmark, is the main change brought about by the new directive for the cross-border law enforcement, which was issued by the European Council on March 2, 2015.
The EU has already got a directive for the information exchange on car violations. This directive had been issued in 2011 on the legal basis of police cooperation. Nonetheless, the United Kingdom, Ireland and Denmark did not participate due to their particular stance on police cooperation.
A new directive was deemed necessary when the Court of Justice of the European Union stipulated on May 6, 2014 that transportation should constitute the legal basis. The old directive was then annulled, but the Court of Justice provided a deadline of one year for the enactment of the new directive.
According to the new directive, state-members may have immediate access to national data concerning the traffic licenses, so that they can track down any individuals responsible for certain violations that endanger road safety. A sample of the letter included in the directive is to be sent to the alleged offender. The decision concerning the subsequent actions, e.g. the imposition of fines or other administrative measures, reside in the state-member where the violation was committed. The information exchange covers a range of eight significant violations which concern road safety: speeding, non-use of safety belts, failing to stop at red traffic lights, driving under the influence of alcohol, driving under the influence of drugs, non-use of a protective helmet, driving on a forbidden lane, and use of mobile phone or other communication device while driving.
According to the European Commission, the driver of a vehicle registered abroad is three times more likely to commit a violation than a driver who is a permanent resident of the country. In countries of massive transit and tourism, the speeding violations committed by non-permanent residents can reach up to 50% of the total violation number during peak season.
The new directive is to come into force four days after its publishing in the Official Journal of the European Union. This is expected to take place a few days after the signing of the directive by the European Council and European Parliament delegates. The state-members must have the directive incorporated in their respective national legislation by the 6th of May, 2015. However, given that it will take more efforts on behalf of the United Kingdom, Ireland and Denmark to enforce this new system, these states are given two additional years to enact their national provisions (up until the 6th of May, 2017).
The European Commission will have the effectiveness of the directive evaluated by November 2016 at the latest and may suggest appropriate adjustments.
Directive concerning the cross-border information exchange on car violations
Statement concerning the issuance of the car violation directive
Source : NextDeal
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