thought I’d open this up for discussion and maybe somebody with legal knowledge can post an answer
I recently did a trip to the uk where on some occasions i let the truck go to 95kph downhill and the digitach said overspeed.
i booked on in uk and booked off in uk so technically not broken law because speed limit is 96kph.
i know its not good to speed but if its not illegal i don’t see the problem
on driving through france last week happy mr. gendarme downloaded my card for last 28 days and promptly fined me for said offence as he said i exceeded 90kph limit.
My question is if all of day was in uk how does he have jurisdiction over offence in uk and how can he fine me for something which was not an offence in the country where i was?
what if somebody went on holiday and for example did something in spain that was illegal in the uk would the uk police fine them? i don’t think so!
What?!?!?!? That’s crazy! ■■■■ that for a laugh. You didn’t break the speed limit and you didn’t break any limiter laws because it wasn’t the vehicles own power that pushed it to 95kay. I save my brakes for when I bloody need them, not to keep the bloody tachograph happy! You should defo get this looked into because that’s taking the p***
it was 105 euros and when i protested he basically said tough. i don’t know how not to pay fine in france and opt for court case just to mess up his day
he said if i don’t pay fine then the truck won’t move until it gets paid
A very similar thing happened to me not so long ago. I am sure someone will correct me, but the French system works on a deposit system, so the fine you pay is the deposit until the fine is ‘sanctioned’ - by whom I don’t know. But in all my dealings you will receive ample official notification - all of mine went in the bin - of the fine, at that point I think you can appeal.
Plambert:
A very similar thing happened to me not so long ago. I am sure someone will correct me, but the French system works on a deposit system, so the fine you pay is the deposit until the fine is ‘sanctioned’ - by whom I don’t know. But in all my dealings you will receive ample official notification - all of mine went in the bin - of the fine, at that point I think you can appeal.
But for 105EUR is it worth the ttime and trouble?
Regards
Paul
My experience too. I actually received a cheque back from the French Court as the deposit i’d paid was more than the Court considered me liable for. Hopefully, if the judge is clued up, you should get all your money back. Either way, you should receive notification from the Court, so at least you’ll have a point of contact to contest the case if you consider it worthwhile.
Plambert:
I am sure someone will correct me, but the French system works on a deposit system, so the fine you pay is the deposit until the fine is ‘sanctioned’ But for 105EUR is it worth the ttime and trouble?
It’s not the 105 euro that annoys me Paul it’s the fact that a policeman in one country can do you for an offence commited in another country
I know we are all supposed to be european but can you imagine being arrested in uk airport on return from costa del party and copper says you were smoking INSIDE, drinking after hours, driving on wrong side of the road or anything that matters not a bit in the country in which you were, but is an offence somewhere else.
welshboyinspain:
thought I’d open this up for discussion and maybe somebody with legal knowledge can post an answer
I recently did a trip to the uk where on some occasions i let the truck go to 95kph downhill and the digitach said overspeed.
i booked on in uk and booked off in uk so technically not broken law because speed limit is 96kph.
i know its not good to speed but if its not illegal i don’t see the problem
on driving through france last week happy mr. gendarme downloaded my card for last 28 days and promptly fined me for said offence as he said i exceeded 90kph limit.
My question is if all of day was in uk how does he have jurisdiction over offence in uk and how can he fine me for something which was not an offence in the country where i was?
what if somebody went on holiday and for example did something in spain that was illegal in the uk would the uk police fine them? i don’t think so!
You’ve been mugged i reckon mate. 60mph is the limit here or 96 kph if you prefer. And you’re correct he has no jurisdiction here. You should of stood your ground.
Dont know on this but if you pay your fines on plastic , have just one card to pay the fine on and as soon as you can cancle the payment.
If you cant cancle the payment at least you have a record of what and who the moneys went to … Just a thought
welshboyinspain:
It’s not the 105 euro that annoys me Paul it’s the fact that a policeman in one country can do you for an offence commited in another country
Look at it this way. Some guy from somewhere in the EU Kills someone, and flees to another country. You would expect the Police in which ever country he’s fled to, if they knew it was him, to go and arrest him, wouldn’t you?
and i’m sure they’ll forward the fine fee to the uk to go in the driver awareness scheme pot!
Maybe they’ll start optional european driver schemes, you have to go to brussels and sit there watching a police video with headphones on and 30 translators?
welshboyinspain:
he said if i don’t pay fine then the truck won’t move until it gets paid
In that case ask him to get his boss to the scene and argue it with someone who may have more of a clue. You ask the boss man to show you the legislation they are trying to do you under, which he won’t be able to do as there isn’t any. If that had been me there is no way I would have paid that money regardless of whatever threats they came up with.
welshboyinspain:
it’s the fact that a policeman in one country can do you for an offence commited in another country
He can’t, it’s out of his jurisdiction, and that’s ignoring the fact that you didn’t actually commit any offence. What he has done would be like a policeman in Germany, where the truck limit is 80 km, trying to fine you for doing 90 km in Belgium or France. Sorry but you were daft to pay that and hopefully when it goes before the court the policeman will be overruled and you get the deposit back.
welshboyinspain:
It’s not the 105 euro that annoys me Paul it’s the fact that a policeman in one country can do you for an offence commited in another country
Look at it this way. Some guy from somewhere in the EU Kills someone, and flees to another country. You would expect the Police in which ever country he’s fled to, if they knew it was him, to go and arrest him, wouldn’t you?
Not quite the same but you get what I mean I hope
Not even close to the same thing. They would be arresting him so he could be extradited and prosecuted where he committed the crime. They wouldn’t be arresting him so they could prosecute and punish him in their country for an offence committed elsewhere, which is in effect the situation here.
As Welshboy was using a digital tacho,and inputed the country code in to the data,before the shift started,as the UK,as compared if he was using an anologue chart,would he have to put a country initial,such as GB or UK,on the anologue chart on the day of the alledged offence.?How would it work out if an offenced,for example occured a mile or less from a border,and got stopped and fined in the country after entering a different country,like say from Irun,Spain,and get nicked on the first French toll peage.Or vice versa!!??Surely some EU law allows this not to happen.But have heard of drivers being done for stuff they have done days or weeks before in other EU countries.We need a legal summary and clarification on this.
toby1234abc:
But have heard of drivers being done for stuff they have done days or weeks before in other EU countries.
Most of which likely never actually happened, drivers do like to BS about fines like the guy down at the train this week who claimed three of his drivers had been done €1000 for not having the receipt for the vignette with them, total fabrication.
toby1234abc:
We need a legal summary and clarification on this.
Why? It is already as clear as it can be that the authorities in one country cannot prosecute people for offences carried out in another, that’s why there is such a thing as extradition.
Another thing… Is there not some sort of margin in which you’re allowed a certain amount of “overspeed”?
Of course, there won’t be any margins to a numpty French copper who’s hell bent on issuing a ticket, but in this country, you’re given 10% plus 1mph before you’re clobbered. The only way to make sure you don’t have any overspeed is if us drivers were to be stupid enough to stare at our dials when going downhill gradient, in which case we’d be endangering other road users by not concentrating on the “important” aspects of driving, ie. what’s in front.
Incidentally, was your lorry Spanish registered Welshboy? If that was the case, I bet that’s at least partly why you were targeted.
Right , i hope that i do not open a can of worms
##however, Has not a law been passsed by the EU
and all its members that trucks will be fitted with
a SPEED-Limiterwhich shall
be set at 85kmh +/- 5kmh which means if you drive
at over 90kmh you are in breach of this law, which
in turn means you can be done for speeding if i am not mistaken
we require if possible a answer which if favorible
for the driver must be written with all the paragraphs ,no,s
and also in at least 3 languages, so one can combat
the problem ,however i wonder what a german
police man from the technical troop in NRW
and even Bayern would say■■?
brit pete:
Right , i hope that i do not open a can of worms
##however, Has not a law been passsed by the EU
and all its members that trucks will be fitted with
a SPEED-Limiterwhich shall
be set at 85kmh +/- 5kmh which means if you drive
at over 90kmh you are in breach of this law, which
in turn means you can be done for speeding if i am not mistaken
we require if possible a answer which if favorible
for the driver must be written with all the paragraphs ,no,s
and also in at least 3 languages, so one can combat
the problem ,however i wonder what a german
police man from the technical troop in NRW
and even Bayern would say■■?
BUT:
When you are driving 96 down hill, the speed limiter is STILL set on 85 km/h. You do not turning it off.
You can’t be done for speeding if you wasn’t speeding. You can be done for disconnecting the speed limiter, but they have to prove that you did that. For me it’s obvious.
Was talking to a driver about euro work and he says this happened to him with regards the spot fine.
Don’t remember what it was but he got stopped and the plod demanded money but he refused so the cop wouldn`t allow him to move so he phoned his boss and the gist was his boss would pay direct to his station if he gave him the details and sure enough he was on his way minutes later with just a warning.
