21 Arthur Hartmann and André Klip1 Enforcement of Violations of Traffic Regulations with a Foreign Element 1. INTRODUCTION Since the appearance of the car as a means of transport for the general public, states in Eu- rope have encountered numerous legal and practical problems in cases where foreigners viol- ate traffic regulations.2 Especially international road transport and tourism cause quite a number of legal problems. Which state is competent if a foreign truck driver violates the speed limit? How to respond when a foreign tourist has caused an accident while driving under influence of alcohol? The expression 'foreigners' in this context is not entirely correct, because enforcement problems may not only arise when the suspect is a foreigner, but also when the car is registered in another country, or when the driver does not possess the driving licence of the country in which he violated traffic regulations. In this paper we will deal with some aspects of the enforcement of traffic regulations when such a 'foreign element' is in- volved.3 We will discuss international agreements that may help states to enforce their traffic regulations. In doing so, we will take the Netherlands and its law as a reference
European Journal of Crime, Criminal Law and Criminal Justice – Brill
Published: Jan 1, 1998
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