The European Court of Justice (ECJ) has annulled a law aimed at boosting the efforts of European police forces to tackle driving offences by exchanging vehicle registration details.
The UK, Ireland and Denmark opted out of the law, on the grounds that it prosecutes vehicle owners, rather than the offending driver, and fines them, which these countries do not regard as the best penalty.
However, the ruling means that the law will have to be revised in line with the EU treaty’s transport provision, so will apply to all 28 member states. This means that police forces will be able to exchange data on eight road traffic offences.
These are speeding, non-use of a seat belt, failing to stop at a red traffic light, drink driving, driving under the influence of drugs, failing to wear a crash helmet, use of a forbidden lane and illegally using a mobile phone when in control of a vehicle.
Despite calling the existing directive “legally faulty”, the ECJ said that the law will remain in force for a maximum of a year because there are important grounds of legal certainty why it should be maintained until the new directive, which will be classed as a “road safety” measure, not a “police co-operation” measure”, can take effect.
Commenting on the ruling, UK MEP Timothy Kirkhope said he was disappointed by it, as the Government would prefer to implement other deterrents, such as points on a licence, which may be more effective.
However, he said that if the Commission brings forward a similar piece of legislation for the new directive, then the UK will oppose it when it reaches the European Parliament stage.