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Topic: alcohol testing in France
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05/7/2012 at 11:07am
Location: Manchester Outfit: Tent
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A lot has been said about British having breathalyzing kit going to France
This is what i have found:
Foreign police officers have no right to give a fine, if it turns out that the driver(British) does not have required equipment in their country(France). This is clearly said the Vienna Convention on Road Traffic, to which all EU member states. The Convention was signed November 8, 1968 year, and GB ratified it.
List of countries which have undertaken to comply with the Convention is very long. It was signed by representatives of 150 countries (including the Czech Republic, Austria, Germany, France, Russia, Ireland, Slovakia, Ukraine, Italy and the UK).
Vienna Convention on Road Traffic clearly states that "the police has no right to punish foreign drivers for the lack of equipment resulting from the Road Traffic Regulations in force in that country, if the vehicle is equipped as required by the country in which it is registered"
The Vienna Convention on Road Traffic applicable since 1968 provides that compulsory car equipment should be specified by the country where the motor vehicle in question is registered. When driving across any signatory country (including the Czech Republic, Austria, and Germany france etc) the police of the relevant country should not assess the car equipment pursuant to national legal regulations.
However, practice is different. Particularly in Austria checks focus on obligatory equipment specified by Austrian laws – a missing reflecting vestis frequently subject to fines.. The duty to put on a reflective vest applies when a driver exits the motor vehicle on motorways and roads because of a road accident, leaves the vehicle in order to install the alarm triangle or is outside the vehicle for any other reasons while being on a highway or motorway. The location of a reflecting vest is not specified by the law. The obligation to have a reflecting vest applies only to a driver (§ 102 par 10 Kraftfahrgesetz –KFG)
in conclusuion i wouldn't accept that ticket
if fined I would get a good lawyer
Post last edited on 05/07/2012 12:08:19
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