18 O’HALLORAN AND FRANCIS v. THE UNITED KINGDOM JUDGMENT section 172 of the Road Traffic Act 1988. The penalty for failure by the applicants to give information was a fine of up to GBP 1,000, and disqualification from driving or an endorsement of three penalty points on their driving licence. 57. The Court accepts that the compulsion was of a direct nature, as was the compulsion in other cases in which fines were threatened or imposed for failure to provide information. In the present case, the compulsion was imposed in the context of section 172 of the Road Traffic Act, which imposes a specific duty on the registered keeper of a vehicle to give information about the driver of the vehicle in certain circumstances. The Court notes that, although both the compulsion and the underlying offences were “criminal” in nature, the compulsion flowed from the fact, as Lord Bingham expressed it in the Privy Council in the case of Brown v. Stott (see paragraph 31 above), that “[a]ll who own or drive motor cars know that by doing so they subject themselves to a regulatory regime. This regime is imposed not because owning or driving cars is a privilege or indulgence granted by the State but because the possession and use of cars (like, for example, shotguns ...) are recognised to have the potential to cause grave injury”. Those who choose to keep and drive motor cars can be taken to have accepted certain responsibilities and obligations as part of the regulatory regime relating to motor vehicles, and in the legal framework of the United Kingdom these responsibilities include the obligation, in the event of suspected commission of road-traffic offences, to inform the authorities of the identity of the driver on that occasion. 58. A further aspect of the compulsion applied in the present cases is the limited nature of the inquiry which the police were authorised to undertake. Section 172(2)(a) applies only where the driver of the vehicle is alleged to have committed a relevant offence, and authorises the police to require information only “as to the identity of the driver”. The information is thus markedly more restricted than in previous cases, in which applicants have been subjected to statutory powers requiring production of “papers and documents of any kind relating to operations of interest to [the] department” (see Funke, cited above, § 30), or of “documents, etc., which might be relevant for the assessment of taxes” (see J.B. v. Switzerland, cited above, § 39). In Heaney and McGuinness the applicants were required to give a “full account of [their] movements and actions during any specified period” (cited above, § 24), and in Shannon, information could be sought (with only a limited legal professional privilege restriction) on any matter which appeared to the investigator to relate to the investigation (see reference at § 23 of Shannon, cited above). The information requested of the applicant in Weh was limited, as in the present case, to “information as to who had driven a certain motor vehicle ... at a certain time ...” (see Weh, cited above, § 24). The Court found no violation of Article 6 in that case on the ground that no proceedings were pending or anticipated against him. It noted that

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