ECHR EXPECTED TO RULE UK CAMERA LEGISLATION ILLEGAL
01 September 2006 - Safe Speed

Speed cameras ''legal crash'' coming

MCN (Motor Cycle News) reports of the ''Right to Silence'' case that will be heard at the European Court of Human Rights (ECHR) in Strasbourg on 27th September. The case challenges ''Section 172'' in the Road Traffic Offenders Act 1988 which requires registered keepers of vehicles and others to ''provide information'' regarding the driver of the vehicle at the time of an alleged offence.

Section 172 underpins ALL speed camera prosecutions, and millions of
motorists each year receive ''section 172'' notices requiring them to identify the
driver after their vehicle has been caught on camera.

The problem arises when the notice arrives with the person who was driving
at the time of the alleged offence. If he fills in the form he is effectively
signing a confession which violates his ancient ''right to silence''. If he
fails to fill in the form (or otherwise provide the required information) he is
guilty of a different offence.

Paul Smith, founder of the Safe Speed road safety campaign (www.safespeed.org.uk) said: ''Section 172 has been a useful legislative
''big stick'' capable of being used with wisdom and restraint to defend society
against dangerous criminals. It should never have been used against
millions of motorists who may or may not have committed minor traffic offences. It has been like using the ''big stick'' on your little sister. We have now arrived at
the point where the ''big stick'' will be taken away because it has been
abused.''

''The tragedy is that S172 has been a useful Police power in serious cases
where responses could contribute to an ongoing investigation. Now that power
will be lost for one reason and one reason only; because it has been misused.''

''Once S172 goes, that will be the end of speed camera prosecutions as we
know them. And that can only be good news for road safety.''

''As far as I can tell, no one seriously expects the government to win.''

www.safespeed.org.uk

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