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