EU Law Now Affects Drivers Across Europe When Committing An Offence
Friday, 6. September 2019
The Road Vehicles Registration and Licensing (Amendment) Regulations 2017 came into force on May 6, 2017 and drivers abroad and fleet operators, who may have either ignored them or were unaware of them would be wise to take note of them.
As we prepare to exit the EU it is likely we will see the Europeans take a tougher position when UK drivers are found to commit motoring offences.
The regulations require the Driver and Vehicle Licensing Agency (DVLA) to provide details of the registered keeper of vehicles alleged to have been involved in certain motoring offences across the EU.
The details include name, address and date of birth; or legal status if the keeper is not an individual, as well as the make/model and chassis number of the relevant vehicle.
The alleged offences include failure to stop at a red light, drink-driving or driving under the influence of drugs, speeding and using a mobile phone while driving.
Cross-border EU prosecutions for road offences have been unusual, rare even, but these regulations may change that situation for the better from a road safety point of view.
Of course, for employers, there’s the risk that they have simply added another layer of bureaucracy to operations, as well as opening employees to the risk of a foreign prosecution for offences they may deny having committed.
In real terms, there are some business considerations for those with a European reach. One of these could be the requirement to engage with foreign justice systems – language barriers and cultural differences may present a challenge, for example.
Larger operators may have been able to task in-house legal teams with managing this role, but smaller players may need to find external support – and, of course, this will come at a cost.
Another consideration is the interplay between employee relations and the regulations.
Businesses will need to ensure their employment contracts and handbooks are up to date, and that their procedures for managing employees accused/convicted of criminal offences abroad are adequate.
Operators should also consider their position with regards to supporting (or otherwise) accused employees with legal assistance – especially if a guilty verdict would have a significant impact on the employee’s ability to continue in their role.
For those travelling abroad in their own cars, it is important to have insurance cover in the case of a foreign prosecution. Not all insurance policies, even with legal cover, will defend the insured whilst abroad. Check with your insurer. By Graham Hill with thanks to Fleet News.
