European Courts Cases

[bluechim]

Hi There.

Does anyone know what the latest situation is with the speeding cases going before the European Courts?

I am clearly no expert - just an interested observer, but I seem to recall that there were a number of people using a defense against a possible speeding conviction on the grounds of not incriminating themselves when requested to provide information after receiving a NIP. Also if I recall correctly (and this might be closely linked) that you should receive an official caution before any evidence can be used against you.

Any news on theses matters please?

Thanks and a very happy Christmas to you all!

[blueyes]

Have a look over on:

www.pepipoo.com

[Dwight VanDriver]

The Judges have heard the submissions and are now working on their judgement but no date known when this will be.

dvd

[blueyes]

Dwight VanDriver said:

The Judges have heard the submissions and are now working on their judgement but no date known when this will be.

dvd

Not getting at your post DVD but...


"working on their judgement"

Translation: "being 'advised' by the UK Govt so that they make the correct decision"




"advised"

Translation: receiving input from somebody who can influence the retention of your cushy job or your transfer to a magistrates court in Bulgaria.



"correct decision"

Translation: that provided by the "advisor"

[chrispy porker]

Ah so ECHR are in on the conspiracy too, I am starting to feel that people are getting at me because I am not paranoid enough...

[kenp]

ECHR has come out against the UK government on more occassions than all other signatory nations put together. Conspiracy talk is tripe.

[Eliminator]

Agree with KenP. UK has worst record of all EU member states. Recent Cadbury, Morgan Grenf'l and ACT GLOs are going to be very costly. They have only won the ACT Class 4 GLO. UK Gov't wishes there could be a conspiracy!

Edited by Eliminator on Thursday 21st December 22:50

[flemke]

kenp said:

ECHR has come out against the UK government on more occassions than all other signatory nations put together. Conspiracy talk is tripe.

At this point many other EU member states have speed cameras.

Do we know how their enforcement systems work?
Some are forward facing, although I don't know whether that relieves the RK from the obligation to name the driver in the photo.
If they require the RK to name the driver, with failure to do so entailing penalties as it does in the UK, then it's hard to see the Court coming down against the system.

[vonhosen]

flemke said:

kenp said:

ECHR has come out against the UK government on more occassions than all other signatory nations put together. Conspiracy talk is tripe.

At this point many other EU member states have speed cameras.

Do we know how their enforcement systems work?
Some are forward facing, although I don't know whether that relieves the RK from the obligation to name the driver in the photo.
If they require the RK to name the driver, with failure to do so entailing penalties as it does in the UK, then it's hard to see the Court coming down against the system.

I think some European countries treat being caught on a camera as a civil penalty, not a criminal one. Driver doesn't have to be identified, registered keeper carries the can & pays the fine with no endorsement. (Like bus lane offences can be dealt with here.)
I also think it's the case that some European countries don't have endorsement systems either, though I believe it is part of the EU harmonisation process that they should & eventually that offences commited in any member state will result in endorsement on your licence.


If the UK are ruled against in this, I'd fully expect that speed camera enforcement become a civil penalty (not just wither & disappear) & IMHO that would then lead to more cameras & enforcement, removing the need for any Police involvement in the process at all.

Edited by vonhosen on Friday 22 December 06:55

[BigBob]

[quote=vonhosen

If the UK are ruled against in this, I'd fully expect that speed camera enforcement become a civil penalty (not just wither & disappear) & IMHO that would then lead to more cameras & enforcement, removing the need for any Police involvement in the process at all.

Edited by vonhosen on Friday 22 December 06:55

[/quote]


Thus confirming our suspicions that they are no more than Revenue Collection Points .........





BB

[blueyes]

flemke said:

kenp said:

ECHR has come out against the UK government on more occassions than all other signatory nations put together. Conspiracy talk is tripe.

At this point many other EU member states have speed cameras.

Do we know how their enforcement systems work?
Some are forward facing, although I don't know whether that relieves the RK from the obligation to name the driver in the photo.
If they require the RK to name the driver, with failure to do so entailing penalties as it does in the UK, then it's hard to see the Court coming down against the system.

In Italy we have 20 points on our licence. When you have none left you have to resit your test within 30 days. If you've been a good boy/girl for 2 years they give you and extra two points (up to a max of 10) to play with.

Anyway, if you cough to speeding you get a small fine and 2 points removed (10-40kph over the limit.. or 10 points for over 40kph)These points are replaced after 2 years. You can also do a driving course that will return 6 points to you. If you "can't remember who was driving" the RK gets a fine between 350 euro and 1400 euro and no points. All in all sounds a better system.



AND some of our 3 lane motorways have 150kph limits.

[flemke]

blueyes said:

AND some of our 3 lane motorways have 150kph limits.

Indeed, and, IINM, the limit was raised from 130 to 150 for the express purpose of increasing driver alertness and reducing accidents.

[blueyes]

flemke said:

blueyes said:

AND some of our 3 lane motorways have 150kph limits.

Indeed, and, IINM, the limit was raised from 130 to 150 for the express purpose of increasing driver alertness and reducing accidents.

.... and it meant you could still hammer along in your 1.2 Punto at 190kph and only get two points off your licence IF you got caught.

n.b. the points do not apply if you are:

1. driving a supercar
2. are a fit bit of totty and give the plod your number
3. know the right people.



Oh how I miss home.