shadow driving licence

Cross border enforcement directive

The new EU measure will not affect UK drivers or UK visitors until May 2017.

The French claim that on busy weekends, up to 40% of offenders detected by speed cameras cannot be traced because they are driving foreign registered vehicles. Likewise, foreign visitors to the UK who for example, trigger a speed camera, cannot be traced if they are not stopped and dealt with at the roadside by a police officer.

The background to and an explanation of the pending regime has been extensively covered elsewhere.  There are no current plans to harmonise the penalty point system across Europe. The measure is designed to extract financial penalties from cross-border European drivers - apparently for 'road safety' reasons. However, there is a sting in the tail.

Ghost / shadow driving licences

The Road Safety Act 2006 enabled a fixed penalty to be given to a driver who does not hold a UK driving licence. Endorsement by a court is also made possible by virtue of section 54 of the 2006 Act. A "driving record" will be created and maintained in respect of foreign drivers - details of all fixed penalties and or endorsements are notified to the DVLA. Thereafter, the "driving record" can be checked to ascertain whether the driver is liable to a totting up disqualification pursuant to to section 35 of the RTOA 1988. In future, a foreign driver who comes to the UK and commits two speeding offences on the way to his destination then two more on the way home would be liable to be disqualified in the UK for at least six months - notwithstanding that he does not possess a UK driving licence. At the moment, the UK does not have a 'mutual recognition of disqualification agreement' with any other country than Eire. That may change.