Motorists' rights are being infringed by anti-speeding laws, senior human rights judges will be told at a hearing this month.
The European Court in Strasbourg will examine section 172 of the Road Traffic Act 1988, which requires the registered keeper of a vehicle to say who was driving at the time it was caught by a speed camera. If the challenge is successful, it could punch a major hole in laws that raise millions of pounds in fines every year.
The court will be told that a vintage Alvis belonging to Idris Francis, 66, a retired company director from West Meon, Hants, was photographed being driven at 47mph in a 30mph area of Surrey in June 2001.
Francis refused to say who was driving the car and was fined ?750 with ?250 costs and three penalty points.
The judges will also consider the case of Gerard O'Halloran, 72, from London, who admitted driving a car seen travelling at 69mph on the M11 in Essex where a temporary speed limit was 40mph. He later tried to have his confession excluded but was fined ?100 for speeding with ?150 costs and six penalty points.
Francis complains that being compelled to provide evidence of the offence he was suspected of having committed infringed his right not to incriminate himself.
O'Halloran complains that he was convicted because of a statement he made under threat of a penalty similar to that for the speeding offence.
Both men claim there has been a breach of the right to a fair trial and the presumption of innocence under Article 6 of the Human Rights Convention.
The two motorists are being represented by the human rights organisation Liberty