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Europe Daily Bulletin No. 9626
GENERAL NEWS / (eu) eu/transport

Commission proposes making cross-border prosecution of traffic offences easier

Brussels, 19/03/2008 (Agence Europe) - Drivers from Luxembourg, who do not worry about exceeding speed limits on Belgian roads because they know that they do not run the risk of incurring a fine, are probably enjoying their last few months of this peace of mind. On Wednesday 19 March, the European Commission adopted a proposal for a directive which will make it easier to prosecute drivers who commit traffic offences in a member state other than the one in which their car is registered (cross-border prosecution). The promised directive only covers four kinds of traffic offence, but these four are responsible for almost 75% of road deaths: speeding, drink driving, failure to wear seat belts, and failure to stop at red lights. The only sanctions proposed are fines; there is no mention of penalty points or withdrawal of driving licences.

In 2001, 54,000 people were killed on the road. The EU's target was to reduce this figure by half by 2010. By 2007, however, it was still far from this target, with 43,000 road deaths. It was against this backdrop of virtual failure that Commission Vice-President with responsibility for transport Jacques Barrot told a press conference: “Our fight against insecurity on our roads must be carried on with great efficiency and needs an integrated approach with regard to vehicles, the road infrastructure and conduct”.

Barrot gave a quick statement of what is (or what will soon be) in force in relation to vehicles (arrangements on seat belts, child seats, the CARS 21 initiative, etc) and road infrastructure (the directive on tunnels, the draft directive currently under discussion calling for EU countries to carry out an audit at the design stage of all new road equipment). “Checking the conduct of road users is probably the most effective way” of saving lives, Barrot said. He said that the member states which were most rigorous in imposing sanctions were the ones which obtained the best results, and he mentioned the examples of the United Kingdom, the Netherlands, Sweden, Finland and “more recently” France.

The Commission is proposing a new instrument for the EU: a European network for the electronic exchange of data among national authorities in charge of vehicle registration documents to identify those who break the law and be better able to punish them. Member states will have two years to set up the data exchange system and begin operating it.

The proposed text defines procedures for this exchange of information and provides a sample infringement report form which will be sent to the holder of the registration document Barrot said. This form will be sent in the official language(s) of the country of residence of the person involved.

It must be admitted that, at the moment, non-resident drivers are seldom punished. It is just a matter of crossing the border and then going back to one's country of origin or residence to avoid punishment. That non-resident drivers are not punished is damaging to road safety and creates a feeling of injustice that has an effect on how the public views checks,” Barrot said. He felt that the Commission proposal was “proportionate” because it: targeted speeding, drink driving, failure to wear seat belts and failure to stop at red lights; - did not require any harmonisation of national highway codes or of national sanctions for these offences; - did not impose a further level of bureaucracy since the new legislation will use existing authorities and only requires them to communicate beyond national borders. Moreover, the exchange of information will be kept to a minimum: the registration number and model of the car and the address of the offender. “No matter the roads on which they travel, European citizens have to play by the rules of the game,” said Barrot. He noted that the second European Road Safety Day, in Paris on 13 October, will be devoted to urban transport and accidents.

Responding to questions from the press, Commissioner Barrot said that: - foreign drivers make up around 5% of all traffic, with foreigners committing somewhere between 2.5% and 30% (an average of around 15%) of all speeding offenders; non-resident drivers, then, are slightly more likely to be involved in speeding than resident drivers; - only a few countries have signed bilateral agreements that allow cross-border sanctions (such arrangements exist between the Netherlands and Belgium and between the Netherlands and Germany); - for the exchange of information from national files, a common software platform and security software will have to be put in place (the system for checking the speed and hours driven by lorry drivers is a good example of success in this area); - the Commission is well aware of the “major disadvantages” of there being various kinds of driving licence, but, fortunately, a directive on driving licences makes provision for a new, forgery-proof driving licence for all new drivers from 2013. (L.C.)

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