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There are two components here that both already have an answer in the real world. 1) making owners of cars responsible for (most) traffic infractions 2) issue
by turquoisevar 3y ago
There are two components here that both already have an answer in the real world.
1) making owners of cars responsible for (most) traffic infractions
2) issues caused by third parties, with the first party bearing initial liability
Number 1 is surprisingly common in overseas countries. Some of those countries have figured that your garden variety traffic fines clog up the courts, so they’ve lifted simple garden variety infractions out of criminal law and placed them in administrative law.
In doing so, they’ve made the owner of the car (i.e., license plate holder) responsible for these types of traffic infractions, who then receive their fines by mail (which are technically settlement offers to avoid prosecution) with a generous appeal window, after which the fine is finalized (doesn’t end up on criminal record because it’s not criminal anymore).
This frees up court resources, allows for ticketing without stops, and shifts responsibility to the car's owner, who then, if applicable, can settle it with whomever they borrow their car to.
For more severe infractions, it’s still tied to the driver, with the car owner being the initial presumptive driver.
Number 2 is a common situation in the US and overseas and is resolved by going after whoever is responsible (e.g., manufacturer) after the fact to be made whole again.
It’s similar to going after the seller of the stolen goods after the original owner takes back their property from you in jurisdictions where property rights don’t transfer after stolen goods are sold.
- FpUser 3y ago>"so they’ve lifted simple garden variety infractions out of criminal law and placed them in administrative law." Many "garden variety infractions" are human errors. I do not think those were ever a subject to criminal prosecution disregarding whether the ability to clog the courts.
- turquoisevar 3y agoIn the US, they are still firmly part of the criminal system and recorded on your criminal record, to the point that if you don’t show up, a warrant will be issued for your arrest in some jurisdictions. Elsewhere, they also used to be part of the criminal system and handled similarly to how it’s dealt with in the US (minus the more severe tools the criminal justice system has on hand).