DRIVER IDENTIFICATION AND OWNER-ONUS: A DISCUSSION OF THE PERTINENT ISSUES

A comprehensive review of Australian and overseas experience on the problems associated with driver identification in the enforcement of mechanical surveillance devices was prepared. The consequences of introducing an owner-onus system of legal responsibility for these offences was considered. It appears that while there may be some advantage in processing these traffic infringements, owner-onus represents a major change in emphasis to the traditional adversorial criminal justice system (innocent until proven guilty) which may require the de-criminalization of these traffic offences. Demerit point allocation may also need to be reviewed under owner-onus. Given that there has not been any adverse public response to the enforcement procedures currently undertaken by the police in Victoria, it would be difficult to justify the need for such a radical change in law enforcement procedures. It was concluded that the full ramifications of owner-onus need to be properly researched before the enforcement of mechanical surveillance devices in Australia is contemplated. (Author/TRRL)

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/isbn/0909843250
• Corporate Authors:

  Royal Automobile Club of Victoria

  Traffic and Safety Department, 123 Queen Street
  Melbourne, Victoria,   Australia 
• Authors:
  • Fildes, B
• Publication Date: 1984-11

Media Info

• Features: Figures; References;
• Pagination: 23 p.

Subject/Index Terms

• TRT Terms: Attitudes; Crimes; Drivers; Economic efficiency; Identification systems; Law enforcement; Legislation; Measuring instruments; Motor vehicles; Ownership; Personality; Photography; Point demerit systems; Police; Red; Red interval (Traffic signal cycle); Surveillance; Traffic law enforcement; Traffic violators
• Uncontrolled Terms: Efficiency; Identification; Responsibility
• Geographic Terms: Australia
• ITRD Terms: 2267: Attitude (psychol); 8006: Australia; 1772: Driver; 5911: Efficiency; 1534: Enforcement (law); 1556: Legislation; 1516: Offence; 6751: Photography; 1530: Point demerit system; 1522: Police; 539: Red light; 2264: Responsibility; 9101: Surveillance; 315: Vehicle ownership
• Subject Areas: Economics; Highways; Law; Operations and Traffic Management; Safety and Human Factors; Security and Emergencies; I73: Traffic Control;

Filing Info

• Accession Number: 00450998
• Record Type: Publication
• Source Agency: ARRB
• ISBN: 0-909843-25-0
• Report/Paper Numbers: TS84/11
• Files: ITRD, TRIS, ATRI
• Created Date: Aug 27 2004 9:05PM