2 Amendments of Petra KAMMEREVERT related to 2008/0062(COD)
Amendment 38 #
Proposal for a directive
Recital 10
Recital 10
(10) Member States should be able to contact the owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence in order to keep him informed of the applicable procedures and the legal consequences under the law of the Member State of the offence . In doing so, Member States should consider sending the information concerning road safety related traffic offences in the language of the registration documents or the language most likely to be understood by the person concerned, to ensure that that person has a clear understanding of the information which is being shared with him. This will allow that person to be notified of the traffic offence and – taking account of the national legislation of his country of residence where applicable – to respond to the information in an appropriate way, in particular by asking for more information, settling the fine or by exercising their rights of defence, in particular in the case of mistaken identity. Further proceedings are covered by applicable legal instruments, including instruments on mutual assistance and on mutual recognition, in particular Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties1. 1 OJ L 76, 22.3.2005, p. 16.
Amendment 55 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) Where tThe Member State of the offence decidesshall decide whether to initiate follow-up proceedings in relation to the road safety related traffic offences referred to in Article 2, it informs. Should the Member State decide to take such measures, it shall, in accordance with its law, inform the owner, the holder of the vehicle or the otherwise identified person suspected of committing the road safety related traffic offence at least of the legal consequences thereof within the territory of the Member State of the offence under the law of that Member State and of the possibilities of obtaining legal assistance.