No escape for drivers caught abroad
By David Millward, Transport Correspondent
Motorists face being pursued for driving offences committed abroad under new laws, it emerged yesterday.
British motorists could, in theory, be fined for an array of offences
Even routine parking fines will be chased up under the provisions of the Road Safety Act, giving foreign authorities the right to obtain information from the Driver and Vehicle Licensing Agency in Swansea.
The little-noticed change is due to take effect from March. It was described as a “wake up call” by a spokesman for the AA Motoring Trust.
“People have tried to get away with it, thinking this is in another country,” he told The Daily Telegraph. “It is going to come as a massive shock for people when they come home and find fines waiting for them on their doormat.”
An estimated five million motorists cross the Channel every year. They are most at risk from prosecution in France, where the government and police have pursued draconian initiatives to cut the number of road deaths.
Until now British motorists would be marched off to a cashpoint and ordered to pay a fine on the spot or let off with a warning. But things are changing and there will soon be no chance of keeping a clean licence after committing an offence on foreign soil.
A variety of options include expanding the use of agencies to collect fines and motorists being taken to court. Ultimately this could even result in bailiffs being used.
Car hire companies will pass on details of whoever signed the rental agreement and foreign authorities are certain to retain details of offenders, leading to difficulties on a later visit.
The precedent for enforcement has already been set in parking with some councils engaging British debt collection agencies to pursue fines.
Paul Watters, the head of roads policy at the trust, said details of how the scheme will work remain unclear, even though it is due to come into force within 12 weeks. “I think the DVLA will have to pass information to whoever requests it and it will be up to them to collect the money.”
Many people will be pleased, however, to find that the changes will also make it easier to deal with foreign drivers committing offences in Britain.
It is not only speeding that poses a threat – British motorists could, in theory, be fined for an array of offences.
Using cruise control in Belgium is against the law. The same motorist would be breaking French rules as soon as they crossed the border and were found to be using a speed-trap detector. In Germany a Briton could be prosecuted for overtaking a school bus letting children off and in Austria for driving without dipped headlights.
“It is vital that people learn about foreign roads legislation,” Mr Watters said.
The trust voiced concern about whether motorists could exercise their right to appeal against being convicted abroad.
Questions have also been raised about the accuracy of the DVLA database, which even the Government admitted was only 40 per cent accurate when tested last year.
Motorists will also be at risk if their number plates have been cloned and the different ways of writing down numbers abroad could lead to a miscarriage of justice.
“Things could be lost in translation,” said Edmund King, of the RAC Foundation.
“Also their penalties are not the same as ours and there is the question of access to justice. It will hardly be worth lodging an appeal in Germany – it would be too expensive.”
Insurers would expect to be told of any foreign motoring convictions.
A DVLA spokesman said the prime purpose of the changes was to ensure that cars arriving in Britain had not been stolen and that motorists were not using counterfeit licences.
He said the reciprocal rights would benefit road safety, with greater checks on foreign drivers and cars.
