Whilst my team and I are expert
motoring solicitors and know pretty much everything there is to know about driving
offences, driving loopholes and strategies applicable to UK motoring law, I was
surprised to discover just how much our motoring laws differ from those in
other European countries.
Many will have heard by now about France’s
introduction of a new mandatory law to carry a handheld breathalyser at all times in your
vehicle. Handheld breathalyser devices can be purchased in this country or when in France. I was recently asked to comment on this and other European driving
rules on BBC Breakfast. Here are some snippets from
the research we did for the show:
Documents
In many
European countries, is compulsory to carry a driving licence, car
registration papers and insurance documents in the car .
Children
in cars
It is often obligatory
that children under 18 who are less than 1.35 metres tall (although in some countries it’s 1.5 metres) must travel in an EU approved child car seat or
raised booster seat. This applies to travelling in the front and back seats.
In Holland, a child
under three may not be transported in a car without being strapped in to a
seat.
Parking
Again, in Holland I
was bemused to learn that parking is severely limited and strictly enforced,
particularly in
Amsterdam, where you can be fined or have your car towed away
for illegal parking, or for failing to pay the necessary parking fee and
displaying the ticket.
In some areas, signs
marked 'I' and 'II' separated by a red diagonal stripe may appear. These
mean no parking on the left on odd dates, no parking on the right on even
dates!!. In cities, you need a cardboard disc to park in "blue
zone" areas. These discs, placed on the dashboard, can be obtained at
motor club offices, tobacco shops and police stations. There is no parking
where the curb is painted black and white or yellow.
Do you take American
Express for that?
Watch out in Germany! Known for having a more relaxed speed limit
on most roads, if exceeded, German police officers are allowed to collects fines
on the spot for any minor motoring offence and drivers are allowed to pay cash and
on their debit/visa card.
Warning triangles and High Visibility Vests
In many countries
such as Austria, Belgium, France, Italy, Norway and Portugal and (and
likely to become compulsory throughout the EU) vehicles
must carry a warning triangle and a highway first aid kit at times.
In Germany you are
required to place the warning triangle 100 meters behind your vehicle if it is
disabled (200 meters on the Autobahn).
In France you must
carry “high vis” vests – enough for every person in your vehicle. Watch out
though because the vests and triangles must be accessible from within the
vehicle and not in the boot! This motoring offence is relatively minor and punishable
by a fine but still, unless you do your research, you could get stung by a
gendarme looking to make some extra cash on his tour of duty, stopping an
unsuspecting car marked, “GB” otherwise known as “mug!”
Visibility Vests are now also
compulsory in Spain. The rules vary from country to country concerning number
of vests required and whether they should be carried in the car or boot. Common
sense suggests that there should be a vest for every occupant, and that the
vests should be carried in the car, and put on before getting out.
Carrying a warning triangle is
also compulsory in most European countries. In Spain, one only is required for
non-Spanish registered vehicles but two are required for Spanish registered
vehicles.
Income Related Speeding Tickets
Talking of fines, the worst country to get caught speeding in is
Switzerland. The penalty for speeding depends on the amount by which the speed
limit was exceeded and, for more major offences, an additional penalty linked
to the daily net-income (‘DNI’) of the perpetrator can be imposed.
If you get zapped by a speed camera the police will send you the fine
even if you live abroad. In Switzerland speeding is not a violation of a
traffic code but a ‘legal offence’. If you fail to comply there is a good
chance that an international rogatory (a formal request from a court to a
foreign court for some type of judicial assistance) will be issued and you have
to go to court in your home country. This is enforced by most countries,
including all of Europe. Failure to comply can result in a warrant being issued
for your arrest by your home country.
Some might say this level of penalty is deserved by someone convicted of
such a high speed. Whilst this famous allegation of a record speeding
fine of £1,000,000 was widely publicized, there are no further
reports of the eventual outcome of this case. Unlike the Swiss millionaire who was forced to pay up!
Not many of us will drive at these speeds or have this level of income so I
probably wouldn’t lose too much sleep over it if you have an impending trip to
Zurich!
It’s a “no-no to Tom Tom!”
In France and Germany, a GPS based navigation system which has maps
indicating the location of fixed speed cameras must have the ‘fixed speed
camera Points of Interest’ function deactivated. Radar detectors are prohibited
even if not switched on. You can be fined as much as 1500 euros, have the
device confiscated or even have your car impounded if found in possession of an
offending device. So, use your Sat nav by all means but watch out for this one.
Apparently you are not obliged to allow an officer to inspect your device if
they stop you so policing of this motoring offence must be interesting!
Indicating
The law operating in Spain
regarding the use of indicators on motorways is being strictly enforced. You
risk being fined for not indicating before overtaking and again before pulling
back to the nearside lane after overtaking.
Mobile
Phones
Talking on cell phones when
driving is prohibited by Spanish law. This includes talking in your car when
pulled over to the side of the road. You must be completely away from the road.
Most European countries ban the
use of a mobile phone while driving but in some countries, even holding a phone
while behind the wheel of a car amounts to a defence.
My advice
If planning on driving while
abroad, I would advise that you do some research on the country’s motoring laws
before you go. Many motoring websites contain extensive advice about European driving laws. Don’t
chance it by thinking they do things the same way as in the UK as the examples
above hopefully show just how different our motoring laws are.
Check out the news story we posted
last year about how speeding
tickets can follow you back home if driving in Europe and get in touch with
us if you require any advice on this or other motoring law issues. All initial
enquiries are dealt with free of charge. 08000 85 27 84.
