Ben Webster, Transport Correspondent
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The owners of cars caught by speed cameras can be prosecuted if they fail to tell police who was driving at the time, the European Court of Human Rights in Strasbourg has ruled.
Two British drivers lost appeals against speeding convictions after judges decided they did not have the right to remain silent.
The ruling was greeted with relief by police, who feared the two million camera tickets issued each year would be unenforceable if the pair had won.
The judges in Strasbourg decided by 15 to 2 that the two drivers did not have their human rights breached.
Idris Francis, 67, from Petersfield, Hampshire, and Gerard O’Halloran, from London, claimed forcing car owners to reveal who was behind the wheel after a speed camera offence breached their human rights.
Mr Francis, whose 1938 Alvis was photographed doing 47mph in a 30mph zone, said: “This is a perverse decision and I am shocked and amazed.”
Both men were convicted of speed camera offences, with Mr Francis refusing on the ground of the right to silence to say whether he had actually been behind the wheel.
Mr O’Halloran’s car had been caught on camera doing 69mph on the M11 where a temporary speed restriction of 40mph was in force. He did admit being the driver but later invoked his right to silence and protection from self-incrimination. But magistrates refused to exclude his confession and fined him and ordered three penalty points on his licence.
The two drivers had challenged section 172 of the Road Traffic Act 1988, which requires a vehicle’s registered keeper to say who was driving when it was caught by a speed camera.
Drivers who are prosecuted under section 172 not only incur penalty points but tend to pay much higher fines than if they had admitted speeding.
Mr Francis refused to say who was driving the car and was fined £750 with £250 costs and three penalty points.
Judges in Strasbourg heard the cases of the two men last September and gave their verdict today.
Mr Francis said after the verdict: “The fight for freedom goes on. We can’t allow the tyrants, who are taking away our rights, to succeed. They have to be stopped.”
The two motorists lost their case because the human rights judges threw out their claim that the right to remain silent and the right not to incriminate oneself are “absolute rights”.
The judges also disagreed that human rights were breached by direct compulsion requiring an accused person to make incriminatory statements against his or her will.
There was no “single, unvarying” rule under the human rights code that determined what constituted a fair trial.
The judges acknowledged that both men had faced direct compulsion to provide information. But the judgment went on to say that because the possession and use of cars was recognised to have the potential to cause grave injury, “those who choose to keep and drive cars could be taken to have accepted certain responsibilities and obligations . . . [including] the obligation, in the event of suspected road traffic offences, to inform the authorities of the identity of the driver”.
The legal compulsion on motorists applied only where the driver was alleged to have committed an offence and the police were authorised to demand information only “as to the identity of the driver”.
The AA welcomed the ruling, saying: “While all systems used for remote enforcement have disadvantages, we are not sure that any of the other methods used around the world are better or fairer.” The Department for Transport said: “The Government welcomes today’s ruling, which confirms that certain responsibilities come with owning or driving a car, including the obligation to inform the authorities of a driver's identity in the event of a suspected offence. Similar provisions have existed in UK law since the 1930s.”
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A point to note here is that it is the owner of the vehicle that may face prosecution, check the reg docs and you will find that these only state the registered "keeper" and NOT the "owner" this may be a minor point in law but maybe this could be looked at?
Just a thought...
Frank, Morecambe, lancashire
There are some real muppets in this country.
Speed cameras do not reduce collisions, they do not help improve road safety. See the posting from Chris Williams, a police road safety officer above and check the facts for yourself.
What we have here is a blatant infringement of a persons civil liberties simply because he/she drives a car.
If someone committed any other offence, murder, theft, arson, treason, terrorism, the right to silence is paramount, you have the right to remain silent and not incriminate yourself or others.
How is it then, that just because you drive a car, you are now public enemy no. 1 and your right to silence is invalid?
This case was not about speed, camera's or driving, it was about fundamental freedoms and fairness. It is a very sad day this case was lost and another nail in the coffin for freedom and British democracy.
Peter Roberts, Telford, UK
So as a murder, a child killer or other serious criminal I can have the right to silence but as a mere motorist I can't? What kind of country are we living in
Graham, Sheffield, Yorkshire
Chris Williams, Cardiff said: "Funny, I thought we were British? Why do we need Europeans to tell us what we can and can't do? Must be my mistake."
...because the 2 people complaining that they were caught speeding decided to take it to the European Court of Human Rights - that's why 'Europe' got involved...
Matthew Morley, Bradford,
Forgot to add, there are much bigger issues at stake here than just revealing the name of a driver - that's why the ECHR in Strasburg delivered their judgement.
Funny, I thought we were British? Why do we need Europeans to tell us what we can and can't do? Must be my mistake.
Chris Williams, Cardiff,
When I was Road Safety Officer for South Wales Police in 1981-1983 - there were about 3,140 people killed on the UK roads every year. 20 odd years later, with over 6000 Speed Cameras and £14.5 million going into the cofferes from penalty fines - the number of killed remains identical.
That shows the facts that speeding per se does NOT kill. In-appropriate speeding might. The real reason that speeding is targetted is that the police have a 'Solution' looking for a problem. The solution is laser technology. The problem has to be found. i.e. speeding. The true causes of RTA's have not yet been the subject of technology such as a device to detect:-
1. sudden lane changes, 2. tail-gating, 3. reckless driving, 4. drugged drivers, 5. racing, 6. distracted drivers inside the cab, etc etc. These all contribute to accidents and deaths more than 'speeding' ever did or does.
I used to be a Traffic Cop for 15 years, Road Safety for 3 yrs and Consultancy too - I know what I'm talking about.
Chris Williams, Cardiff,
It is the duty of all citizens to assist the police in pursuit of any investigations into crime, even if for example, physical help is needed in arresting a suspect in the street and the policeman calls for help. To not assist should also be a chargeable offence as it is in many countries. To refuse to identify the driver of a speeding vehicle that you own is therefore logically an offence.
However, now that it has been proven that speed cameras do NOT work as far as reducing road accidents is concerned, then the correct action would be to campaign to have them removed except in known and provable accident black spots. Failure of the responsible authorities to obey the wishes of the majority of drivers should result in their removal at the next elections and perhaps civil disobedience as far as the workings of the cameras are concerned.
Brian Deller, Marbella, Spain
The fight for safety on the roads goes on. We can't allow these selfish law breakers and speed merchants who are taking away the lives of the innocents to succeed. They have to be stopped.
Put the lives of other people in danger by flouting the law and expect to be punished. The right to silence of the accused should not exist.
Dr N.Mykura, Dorchester, UK
At last a ruling from Strasbourg judged on commonsense.
Both drivers or the driving occupants of their cars were speeding and therefore breaking the law. I trust the majority of people living in this country want to live in a law abiding state and therefore fully welcome this judgement.
If the 'human rughts' people of this world all had their way we would be close to living in anarchy.
I cannot see the argument from Geoff above about the effectiveness of road cameras. Whether they are effective or not is irrelevant. Both vehilcles were travelling at speeds in excess of imposed speed restrictions 47mph/30mph and 69mph/40mph and the drivers therefore both guilty of driving offences. Whether a camera or a police patrol has caught them makes no difference.
Tom, Ashford, Kent
In response to Janalean's comment, whilst what you say is true, heed what happened to me: Despite not remembering if it was myself of my wife driving and despite requesting photos which only showed the back of the car and were therefore inconclusive, I still ended up being prosecuted for failing to provide driver details (interestingly, not the original speeding offence) and ended up with a 200 GBP fine and six penalty points. If I had just gone with the original speeding ticket, I would have got a 3 point 40 GBP fine. I guess the court was out to prove that it would get its pound of flesh come what may...! My Swedish friend tells me that if two people in a car get pulled over by the police for speeding in Sweden, so long as the Police don't actually know who was driving, if each person blames each other then neither can be prosecuted...!
Barney, St. Austell, Cornwall
"The legal compulsion on motorists applied only where the driver was alleged to have committed an offence and the police were authorised to demand information only âas to the identity of the driverâ."
Does this mean all you have to say is "the driver was Fred Smith" without any other remarks such as address, ect?
Ken, Hemel Hempstead,
The right to silence is about self-incrimination. They weren't being asked to admit their guilt but simply furnish the police with information required to pursue a criminal inquiry.
eddie reader, birmingham, uk
One point of law worth mentioning is that if the accused states that he/she cannot remember who was driving on that particular day and in view of that can a photo be provided to help identify the driver, then on receipt of the photo assuming the driver cannot be recognised nor that of the front seat passenger ,then as long as you keep saying that you cannot remember who was driving ,you cannot be prosecuted..
janalean, coalville, leicestershire
This is an appalling result for justice, which has severely undermined a fundamental principle of our legal system and has set a awful precedent which can now be extended to any other situation as another step to making this a police state.
It is not as though speed cameras are even effective as a road safety measure. We are the speed-camera capital of Europe, but we are not seeing any significant improvements in road safety, with a 20% increase in children killed in this last year, and our road safety is now falling behind many other European countries.
Geoff, Northants,
At last a ruling from the judiciary which puts the rights of people in general ahead of the so called rights of the individual. Roll on the day when we see more commonsense rulings which protect the rights of those who want to live a law abiding and responsible life in peace and puts that ahead of those who would exploit their so called rights at the expense of others.
Peter du Feu, Torquay, UK