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Speeders lose right to silence
Page 8
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• Speeding truck drivers may again be required to admit they were at the wheel of a truck caught on camera despite human rights legislation which protects people from incriminating themselves.
Until the end of last year it seemed that drivers could refuse to admit they were driving a speeding vehicle because such an admission would contravene the European Convention for the Protection of Human Rights and Fundamental Freedoms Act.
This principle was established by a Scottish woman who successfully appealed against a drink-driving conviction on the basis that she had incriminated herself by admitting to police that she was the driver. But now the principle has become confused. Just before Christmas, Scottish Law Lords ruled that drivers could be prosecuted after filling in a form admitting they were driving over the speed limit, even if this was the only evidence against them.
However, Leeds-based solicitors firm Shulmans says the principle could hinge on whether the driver risks a fine or the loss of his licence.
If a driver has nine penalty points on his licence and three more would result in disqualification, the Human Rights defence may come into play, Shulmans argues. Final clarification might have to wait for a finding from the European Court of Human Rights.