DominiConnor - I think that the guy who is going to Court of Humna Rights is saying is that he does have an option but to name the driver if his car is caught speeding , he does have the right not to say anything bascailly.
Unlike if he was stopped in the street speeding or suspected of any other offence by the police and stopped by the police then he would be told
' You do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.'
So he has the right to remain silent, as they say in USA, but inference may be drawn from it.
( Howver speeding is whatt they call an absolute offence so there is no defence to it, even though people do get off with it at court !!)
Bascially if you are caught by speeding camera and get a letter through the post asking who is the driver , you have no choice but to answer it or get fined yourself . I beleive that is what the case is about.
Nobody has to answer police questioins when suspected of an offence whatever it may be ,but guilt may be infered from that silence by the court/jury.