Law No. 2003-495 June 12, 2003, Strengthening The Fight Against Road Violence

Original Language Title: LOI n° 2003-495 du 12 juin 2003 renforçant la lutte contre la violence routière

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  • Order No. 2003-642 dated July 11, 2003 Application of certain provisions of Act No. 2003-495 of 12 June 2003 strengthening the fight against road violence and amending, inter alia, the Penal Code, the Code of Criminal Procedure and the Code of the Road
  • Order of 28 November 2003 fixing the Maximum vehicle costs for vehicles in the most important municipalities
  • Decree n ° 2004-548 of 14 June 2004 on regional commissions for administrative sanctions in the field of transport Road
  • Commission Directive 2004 /112/EC of 13 December 2004 adapting to the technical progress of Directive 95 /50/EC on uniform procedures for the Control of dangerous goods transport by road
  • Decree No. 2005-316 of 29 March 2005 on the approval of aerodrome operators' agents entitled to observe certain offences in the Route code
  • Order No. 2005-1383 of November 4, 2005 Special provisions for technical investigations into accidents or incidents involving aircraft designed exclusively for military use or operated in military air traffic or those belonging to the French State or any other State are not Not registered in the register of registration provided for in Article 17 of the Convention on International Civil Aviation signed at Chicago on 7 December 1944
  • Order No. 2006-1133 of 8 September 2006 concerning the relocation of installations and works in the interests of road safety and amending the road road code
  • Decree No. 2006-1246 of 11 October 2006 concerning the detention of Vehicles carrying dangerous substances and amending Decree No. 77-1331 of 30 November 1977 on certain infringements of the regulation on the carriage of substances Dangerous
  • Decree No. 2007-751 of 9 May 2007 amending decrees No. 99-752 of 30 August 1999 on road transport of goods and n ° 90-200 of 5 March 1990 concerning the exercise of the profession of commission agent Transport
  • Summary

    Modification of the Penal Code, the code of the road, the code of criminal procedure, the general code of the Territorial communities, road code, and The Civil Aviation Code, the Public Health Code.
    Amendment of Law No. 2003-239 of 18 March 2003 for internal security: amendment of Article 23.
    Amendment of Law No. 82-1153 of 30 December 1982 on the orientation of inland transport: amendment of Articles 5, 8, 9, 12, 17, 37. Amendment of the financial law for the financial year 1952 (No. 52-401 of 14 April 1952): amendment of Article 25.
    Amendment of Order No. 58-1310 of 23 December 1958 concerning working conditions in public and private road transport for the safety of road traffic: creation of Article 3
    Act No. 95-66 of 20 January 1995 on access to driver activity and the occupation of taxi operator: Creation after Article 2 of Article 2a, after Article 6 of Article 6 bis, after Article 7 bis.
    Amendment of Law No. 2000-516 of 15 June 2000 strengthening the protection of the presumption of innocence and the rights of Victims: amendment to section 68.
    Ratification of Order No. 2000-930 dated September 22, 2000, relating to the Legislative Part of the Highway Traffic Act.

    Keywords

    EQUIPMENT, RADAR DETECTOR, VITESSE, INFRINGEMENT , REPRESSION, SECURITY, HOMICIDE, DRIVER, DRUG, ALCOHOL , INTEGRITE, LUMP SUM FINE, PROBATIONARY LICENCE, TRAINEESHIP, AWARENESS, MOPED, DETECTION, DEBRIDING, DRIVING LICENCE AND ROAD SAFETY INSPECTOR, ROAD CODE , CODE OF THE ROAD ROAD, CODE OF CIVIL AVIATION, CODE OF PUBLIC HEALTH, GENERAL CODE OF THE TERRITORIAL COMMUNITIES, CODE OF CRIMINAL PROCEDURE, BILL

    Legislative Records

    Later Links




    JORF No. 135 of June 13, 2003 page 9943
    text




    ACT n ° 2003-495 of June 12, 2003 strengthening the fight against Traffic violence (1)

    NOR: EQUX0200012L ELI: http://www.legifrance.gouv.fr/eli/loi/2003/6/12/EQUX0200012L/jo/texte
    Alias: http://www.legifrance.gouv.fr/eli/loi/2003/6/12/2003-495/jo/texte


    The National Assembly and the Senate have adopted,
    The President of the Republic promulgates the following law:

    • Chapter I: Repression of unintentional injury to the life or integrity of the person committed in the course of driving a vehicle Item 1


      It is inserted, after Article 221-6 of the Penal Code, an article 221-6-1 so written:
      " Art. 221-6-1. -Where the maladdress, carelessness, carelessness, neglect or failure to comply with a legislative or regulatory obligation of safety or security provided for in Article 221-6 is committed by the driver of a motor vehicle, Involuntary manslaughter is punishable by five years' imprisonment and a fine of 75,000
      . Penalties are increased to seven years' imprisonment and a fine of EUR 100 000 when:
      " 1 ° The driver has committed a manifestly deliberate breach of a particular safety or security obligation provided for by law or regulation other than those mentioned below;
      " 2 ° The driver was in manifest drunkenness or was under the empire of an alcoholic condition characterised by a concentration of alcohol in the blood or in the air expired at or above the rates laid down in the legislative provisions or Regulation of the code of the road, or refused to comply with the checks provided for by this code and intended to establish the existence of an alcoholic state;
      " 3 ° It follows from a blood test that the driver used substances or plants classified as narcotic, or refused to comply with the checks provided for by the road code to determine whether he was driving by Drug use;
      " 4 ° The driver was not the holder of a driving licence required by law or regulation or his permit had been cancelled, invalidated, suspended or withheld;
      " 5 ° The driver committed an exceedance of the maximum permissible speed of 50 km/h or more;
      " 6 ° The driver, knowing that he has just caused or caused an accident, has not stopped and attempted to escape the criminal or civil liability that he may incur.
      " The penalties are brought to ten years' imprisonment and a fine of EUR 150 000 when the involuntary manslaughter has been committed with two or more of the circumstances mentioned in the first and subsequent paragraphs of this Article. "

      Item 2


      I. Article 222-19-1 shall be inserted after Article 222-19 of the Criminal Code: '
      ' Art. 222-19-1. -Where the maladdress, carelessness, carelessness, neglect or failure to comply with a legislative or regulatory obligation of safety or security provided for in Article 222-19 is committed by the driver of a motor vehicle, The unintentional injury to the integrity of the person who has resulted in a total incapacity for work for more than three months is punishable by three years' imprisonment and a fine of 45 000
      . Penalties are increased to five years' imprisonment and a fine of 75,000 euros when:
      " 1 ° The driver has committed a clearly deliberate breach of a special duty of care or safety provided for by law or regulation other than those mentioned below;
      " 2 ° The driver was in manifest drunkenness or was under the empire of an alcoholic condition characterised by a concentration of alcohol in the blood or in the air expired at or above the rates laid down in the legislative provisions or Regulation of the code of the road, or refused to comply with the checks provided for by this code and intended to establish the existence of an alcoholic state;
      " 3 ° It follows from a blood test that the driver used substances or plants classified as narcotic, or refused to comply with the checks provided for by the road code to determine whether he was driving by Drug use;
      " 4 ° The driver was not the holder of a driving licence required by law or regulation or his permit had been cancelled, invalidated, suspended or withheld;
      " 5 ° The driver committed an exceedance of the maximum permissible speed of 50 km/h or more;
      " 6 ° The driver, knowing that he has just caused or caused an accident, has not stopped and attempted to escape the criminal or civil liability that he may incur.
      " Penalties shall be increased to seven years' imprisonment and to a fine of EUR 100 000 where the unintentional infringement of the integrity of the person has been committed with two or more of the circumstances mentioned in the first and subsequent paragraphs of this Article. "
      II. -After Article 222-20 of the same Code, an Article 222-20-1 shall be inserted as
      : Article 222-20-1. -Where the maladdress, carelessness, carelessness, neglect or failure to comply with a legislative or regulatory obligation of safety or security provided for in Article 222-19 is committed by the driver of a motor vehicle, The unintentional injury to the integrity of the person who has resulted in a total incapacity for work of less than or equal to three months is punishable by two years' imprisonment and a fine of EUR 30
      . Penalties are given to three years' imprisonment and a fine of 45 000 EUR when:
      ' 1 ° The driver has committed a clearly deliberate breach of a special duty of care or safety provided for by law or regulation other than those mentioned below;
      " 2 ° The driver was in manifest drunkenness or was under the empire of an alcoholic condition characterised by a concentration of alcohol in the blood or in the air expired at or above the rates laid down in the legislative provisions or Regulation of the code of the road, or refused to comply with the checks provided for by this code and intended to establish the existence of an alcoholic state;
      " 3 ° It follows from a blood test that the driver used substances or plants classified as narcotic, or refused to comply with the checks provided for by the road code to determine whether he was driving by Drug use;
      " 4 ° The driver was not the holder of a driving licence required by law or regulation or his permit had been cancelled, invalidated, suspended or withheld;
      " 5 ° The driver committed an exceedance of the maximum permissible speed of 50 km/h or more;
      " 6 ° The driver, knowing that he has just caused or caused an accident, has not stopped and attempted to escape the criminal or civil liability that he may incur.
      " The penalties shall be increased to five years' imprisonment and a fine of EUR 75 000 when the unintentional infringement of the integrity of the person has been committed with two or more of the circumstances mentioned in the first and subsequent paragraphs of this Article. "

      Item 3


      I. -The second paragraph of Article 434-10 of the Criminal Code is supplemented by the following words: Out of the cases provided for in objects 221-6-1, 222-19-1 and 222-20-1 ".
      II. -Article L. 234-11, the II of Article L. 234-12, the second paragraph of Article L. 234-13 and Article L. 235-5 of the road code are
      . -The provisions of Article L. 234-11, of Article L. 234-12, of the second subparagraph of Article L. 234-13 and of Article L. 235-5 of the road code, as well as those of the second paragraph of Article 434-10 of the Criminal Code in its drafting Prior to the coming into force of this Act, remain applicable to offences committed before this coming into force.
      IV. -In the 2 ° of Article 398-1 of the Code of Criminal Procedure, references: 222-19, 222-20 " Are replaced by references: " 222-19-1, 222-20-1 ".

    • Chapter II: Recidivism, complementary penalties and a lump sum fine
      • Section 1: Provisions for the suppression of recidivism offences Article 4


        I. -Article 131-13 of the Criminal Code is supplemented by the following words: , except where the law provides that the offence of a violation is a crime ".
        II. -Article 132-11 of the Code is supplemented by a paragraph worded as follows: '
        ' In cases where the law provides that the recurrence of a violation of the fifth class constitutes an offence, the offence shall be repeated if the facts are committed within three years of the expiry or limitation period of the previous Punishment. "
        III. -It is inserted after Article 132-16-1 of the same code, an Article 132-16-2 worded as follows:
        " Art. 132-16-2. -Offences of manslaughter or unintentional injury to the integrity of the person committed in connection with the conduct of a motor vehicle under sections 221-6-1, 222-19-1 and 222-20-1 shall be considered, with respect to Recidivism, like the same offense.
        " The offences set out in Articles L. 221-2, L. 234-1, L. 235-1 and L. 413-1 of the Highway Code are considered, in relation to recidivism, as the same offence. They shall also be treated as the offences referred to in the preceding paragraph when they constitute the second term of recidivism. "
        IV. -In the I of Article L. 221-2 of the code of the road, the words: Within the meaning of Article 132-11 of the Penal Code " Are replaced by the words: " Within the meaning of the second paragraph of Article 132-11 of the Penal Code ".
        V.-In the first paragraph of Article L. 413-1 of the Code, the words: Within one year from the date on which the conviction became final " Are replaced by the words: " In a state of re-offending under the conditions laid down in the second paragraph of Article 132-11 of the Criminal Code
        . -The penultimate subparagraph (5 °) of Article 769 of the Code of Criminal Procedure is supplemented by the following words: This time limit is extended to four years for a contravention for which a re-offending is a crime.

      • Section 2: Additional Sentencing Provisions Item 5


        I. -Article 131-6 of the Criminal Code is supplemented by the following words: ; this limitation shall not, however, be possible in the event of an offence for which the suspension of the driving licence, incurred as a supplementary penalty, may not be limited to conduct outside the professional activity
        . -Article 131-14 of the same code is supplemented by the following words: ; this limitation shall not, however, be possible in the event of a breach for which the suspension of the driving licence, incurred as a complementary penalty, may not be limited to conduct outside the professional activity
        . III. -Article 131-16 of the same Code is supplemented by the following words: Unless the regulation expressly excludes this limitation ".
        IV. -Before the last paragraph of Article 131-22 of the same Code, a paragraph shall be inserted as
        : Where the person has been convicted of an offence under the road code or on the basis of articles 221-6-1, 222-19-1, 222-20-1 and 434-10, the person shall preferably carry out the work of general interest in one of the institutions Specialized in the reception of the injured from the road. "
        V. Article 132-28 of the Code is supplemented by the following words:" ; however, the splitting of the penalty for the suspension of driving licences is not possible in the case of offences or offences for which the law or the regulation provides that this penalty cannot be limited to driving outside of the Professional activity ".
        VI. -Article 221-8 of the same Code is supplemented by the following words: ; in the cases provided for in Article 221-6-1, the suspension may not be suspended, even in part, and may not be limited to conduct outside the professional activity; in the cases provided for by the 1 ° to 6 ° and the last Article 221-6-1, the duration of such suspension shall be up to ten years ".
        VII. Article 222-44 of the Code is supplemented by the following words: ; in the cases provided for in Articles 222-19-1 and 222-20-1, the suspension may not be suspended, even in part, and may not be limited to conduct outside the professional activity; in the cases provided for by the 6 ° and The last paragraph of Articles 222-19-1 and 222-20-1, the duration of such suspension shall be ten years at most ".
        VIII. -Article 223-18 of the same Code is supplemented by the following words: ; if the offence was committed during the conduct of a motor vehicle, the suspension may not be suspended, even in part, and may not be limited to conduct outside the professional activity
        . -In Article 434-45 of the same code, the words: That suspension may be limited to conduct outside the professional activity " Are replaced by the words: " This suspension cannot be limited to conduct outside the professional activity ".
        X. -The third paragraph of Article 708 of the Code of Criminal Procedure is supplemented by the following sentence:
        " The suspension or splitting of the suspension of driving licences is not, however, possible in the case of offences or offences for which the law or the regulation provides that this penalty may not be limited to driving in Outside professional activity. "
        XI. -In Article L. 224-16 and L. 234-8, 1 ° du I of Article L. 234-2 and the second paragraph of Article L. 413-1 of the road code, the words: That suspension may be limited to conduct outside the professional activity ' Are replaced by the words: " That suspension cannot be limited to conduct outside the professional activity ".
        XII. -In Article L. 235-1 and L. 235-3 of the same code, the words: That suspension may be limited to conduct outside the professional activity ' Are replaced by the words: " This suspension may not be limited to conduct outside the professional activity ".

        Article 6


        I. -Article 131-16 of the Criminal Code is supplemented by a 6 ° and a 7 ° thus written:
        " 6 ° The prohibition on driving certain motor land vehicles, including those for which driving licences are not required, for a period of not more than three years;
        " 7 ° The obligation to carry out a road safety awareness training course at its own expense. "
        II. -Article 131-21 of the same Code is supplemented by a paragraph worded as follows: '
        ' Where the confiscated thing is a vehicle that has not been seized in the course of the proceedings, the convicted person shall, on the order made by the public prosecutor, surrender the vehicle to the service or body responsible for its destruction or Its alienation. "
        III. Article 131-35-1 shall be inserted after Article 131-35 of the same Code: '
        ' Article 131-35-1. -Where it is incurred as an additional penalty, the obligation to carry out a road safety awareness training course shall be carried out at the expense of the convicted person, within six months from the date on which the conviction is Final.
        " The completion of the traineeship shall give rise to the handing over of a certificate to the public prosecutor of the Republic. "
        IV. Article 132-45 of the Code is supplemented by a 15 ° reading:
        " 15 ° In the event of an offence committed in connection with the conduct of a motor vehicle, carry out, at its own expense, a road safety awareness training course. "
        V.-Article 221-8 of the same code is supplemented by five paragraphs thus written:
        " 7 ° In the cases provided for in Article 221-6-1, the prohibition of driving certain motor land vehicles, including those for the conduct of which the driving licence is not required, for a period of not more than five years;
        " 8 ° In the cases provided for in Article 221-6-1, the obligation to perform a road safety awareness training course at its own expense;
        " 9 ° In the cases provided for in Article 221-6-1, the capital property, for a period of not more than one year, of the vehicle used by the convicted person to commit the offence, if it is the owner thereof;
        10 ° In the cases provided for in Article 221-6-1, the confiscation of the vehicle used by the convicted person to commit the offence, if it is the owner.
        " Any conviction for the offences set out in the 1 ° to 6 ° and the last paragraph of Article 221-6-1 shall give rise to the right to cancel a driving licence with a prohibition of applying for a new licence for ten years at most. In the event of a repeat offence, the duration of the prohibition shall be extended to ten years, and the court may, by a specially reasoned decision, provide that the prohibition shall be final. "
        VI. -Article 222-44 of the Code is supplemented by four sub-paragraphs as
        : 8 ° In the cases provided for in Articles 222-19-1 and 222-20-1, the prohibition on driving certain motor land vehicles, including those for the driving of which the driving licence is not required, for a period of not more than five years;
        " 9 ° In the cases provided for in Articles 222-19-1 and 222-20-1, the obligation to perform, at their own expense, a road safety awareness course;
        " 10 ° In the cases provided for in Articles 222-19-1 and 222-20-1, the capital property, for a period of not more than one year, of the vehicle used by the convicted person to commit the offence, if it is the owner.
        " Any conviction for the offences set out in the 1 ° to 6 ° and the last paragraph of Article 222-19-1 gives rise to the right to cancel the driving licence with a prohibition of applying for a new licence for ten years at most. "
        VII. -Article 223-18 of the same code is supplemented by the 5 ° to 8 ° thus written:
        " 5 ° Where the offence was committed on the occasion of the driving of a motor vehicle, the prohibition on driving certain land-based motor vehicles, including those for the conduct of which the driving licence is not required, for Up to five years;
        " 6 ° Where the offence was committed on the occasion of the conduct of a motor vehicle, the obligation to perform, at their own expense, a road safety awareness training course;
        7 ° Where the offence was committed in the course of the driving of a motor vehicle, the property, for a period of not more than one year, of the vehicle used by the convicted person to commit the offence, if it is the owner of the vehicle ;
        " 8 ° Where the offence was committed in the course of the driving of a motor vehicle, the confiscation of the vehicle used by the convicted person to commit the offence, if it is the owner thereof. "
        VIII. -In the first paragraph of Article 434-41 of the Code, after the words: The cancellation of the driving licence ' shall be inserted the words: ' , prohibition of driving certain motor land vehicles, of the obligation to carry out an internship ".
        IX. -The 2 ° of Article 41-1 of the Code of Criminal Procedure is supplemented by the words: In the case of an offence committed in connection with the conduct of a motor vehicle, that measure may consist in the performance, by the author of the facts, at his expense, of a road safety awareness training course; ".
        X. -The fourth paragraph (3 °) of Article L. 221-2 of the road code is deleted.
        XI. -The II of Article L. 221-2 of the Code is supplemented by the 4 ° to 6 ° thus written:
        " 4. The prohibition on driving certain motor land vehicles, including those for which driving licences are not required, for a period of not more than five years;
        " 5 ° The obligation to perform a road safety awareness training course at its own expense;
        " 6 ° Confiscation of the vehicle used by the convicted person to commit the offence, if the offender is the owner. "
        XII. -The IV of Article L. 223-5 of the Code is supplemented by the 4 ° to 6 ° thus written:
        " 4. The prohibition on driving certain motor land vehicles, including those for which driving licences are not required, for a period of not more than five years;
        " 5 ° The obligation to perform a road safety awareness training course at its own expense;
        " 6 ° Confiscation of the vehicle used by the convicted person to commit the offence, if the offender is the owner. "
        XIII. -The II of Article L. 224-16 of the Code is supplemented by the 4 ° to 6 ° thus written:
        " 4. The prohibition on driving certain motor land vehicles, including those for which driving licences are not required, for a period of not more than five years;
        " 5 ° The obligation to perform a road safety awareness training course at its own expense;
        " 6 ° Confiscation of the vehicle used by the convicted person to commit the offence, if the offender is the owner. "
        XIV. -Article L. 231-2 of the same code is completed by the 4 ° to 6 ° thus written:
        " 4. The prohibition on driving certain motor land vehicles, including those for which driving licences are not required, for a period of not more than five years;
        " 5 ° The obligation to perform a road safety awareness training course at their own expense;
        " 6 ° Confiscation of the vehicle used by the convicted person to commit the offence, if the offender is the owner. "
        XV. -The I of Article L. 234-2 and the II of Article L. 234-8 of the Code are supplemented by a 5 ° and a 6 ° thus written:
        " 5. The prohibition on driving certain motor land vehicles, including those for which driving licences are not required, for a period of not more than five years;
        " 6 ° The obligation to carry out a road safety awareness training course at its own expense. "
        XVI. -The II of Article L. 235-1 of the Code is supplemented by a 5 ° and a 6 ° thus written:
        " 5. The prohibition on driving certain motor land vehicles, including those for which driving licences are not required, for a period of not more than five years;
        " 6 ° The obligation to carry out a road safety awareness training course at its own expense. "
        XVII. -The II of Article L. 235-3 of the Code is supplemented by a 5 ° and a 6 ° thus written:
        " 5. The prohibition on driving certain motor land vehicles, including those for which driving licences are not required, for a period of not more than five years;
        " 6 ° The obligation to carry out a road safety awareness training course at its own expense. "
        XVIII. -The second paragraph of Article L. 413-1 of the Code is supplemented by the following sentence:
        " It also incurs the prohibition of driving certain land-based vehicles, for a period of up to five years, the penalty of carrying out, at its own expense, a road safety awareness training course and the penalty of Forfeiture of the vehicle used to commit the offence, if the vehicle is the owner of the offence. "
        XIX. -Article L. 224-15 of the Code is repealed.

        Article 7


        After the fourth subparagraph (3 °) of the I of Article 23 of Act No. 2003-239 On 18 March 2003 for internal security, it shall be inserted a 3 ° bis as follows:
        " 3 ° bis When pronounced as a supplementary penalty, the prohibition of driving certain motor land vehicles, including those for the conduct of which the driving licence is not required; '.

      • Section 3 : Provisions for the Article 8


        I fine fine procedure. -In the first paragraph of Article L. 121-2 of the road code, after the words: Of vehicles' shall be inserted as follows: ' Or on the payment of tolls ".
        II. -In the first paragraph of Article L. 121-3 of the Code, after the words: On maximum permissible speeds "shall be inserted the words:" , on the respect of safety distances between vehicles, on the use of roads and roads reserved for certain categories of
        ". -After the first sentence of the first paragraph of Article 529-2 of the Code of Criminal Procedure, the following sentence shall be
        : In the cases provided for in Article 529-10, that request shall be accompanied by one of the documents required by that Article. "
        IV. -In Article 529-8 of the same code, the words: This opinion " Are replaced by the words: " The notice of contravention ".
        V.-After section 529-9 of the Code, are inserted two sections 529-10 and 529-11 thus written:
        " Article 529-10. -Where the notice of a flat-rate fine concerning one of the tickets referred to in Article L. 121-3 of the road code has been addressed to the holder of the registration certificate or to the persons referred to in the second and third paragraphs of the article L. 121-2 of this Code, the request for exemption under Article 529-2 or the claim under Article 530 shall be admissible only if it is addressed by registered letter with a request for notification of receipt and accompanied by:
        " 1 ° One of the following documents:
        " (a) The receipt of the filing of a complaint for theft or destruction of the vehicle, or a copy of the declaration of vehicle destruction established in accordance with the provisions of the code of the road;
        " (b) A signed letter from the author of the request or claim stating the identity, address and reference of the driver's licence of the person who was presumed to drive the vehicle when the contravention was found;
        " 2. Either a document demonstrating that it has been paid prior consignment of an amount equal to that of the flat-rate fine in the case provided for in the first subparagraph of Article 529-2, or that of the flat-rate fine plus in the prescribed case By the second subparagraph of Article 530; such consignment shall not be equivalent to the payment of the flat-rate fine and shall not give rise to the withdrawal of the points of driving licence provided for in the fourth paragraph of Article L. 223-1 of the Code of Route.
        " The officer of the Public Prosecutor's Office shall check whether the conditions of admissibility of the request or claim under this Article are
        . Article 529-11. -The notice of contravention set out in sections 529-1 and 529-8 may be sent as a result of a finding of a contravention of the highway code made with a certified automatic control device. In the case of a complaint lodged before the police court, the minutes or the report of the officer or judicial police officer reporting the result of that control shall then be drawn up. "
        VI. -Article 530 of the same code is thus amended:
        1 ° The second subparagraph is supplemented by a sentence so worded:
        " In the case of a traffic violation, however, the complaint is no longer admissible at the end of a period of three months when the notice of a lump sum surcharge is sent by registered letter to the address on the certificate Registration of the vehicle, unless the infringer justifies that he has, before the expiry of that period, declared his change of address to the vehicle registration service. ' ;
        2 ° The last paragraph reads:
        " The claim shall be accompanied by the notice corresponding to the fine and, in the case provided for in Article 529-10, one of the documents required by that article, failing which it does not have the effect of annuling the enforceable title. "
        VII. -Article 530-1 of the Code is supplemented by a paragraph worded as follows: '
        ' In the cases provided for in Article 529-10, in the case of a non-consecutive or relaxing classification, if the consignment provided for in that Article has been carried out, the amount of the consignment shall be paid, at his request, to the person to whom the notice of Payment of the lump sum or subject to prosecution. In case of conviction, the fine imposed shall not be less than the amount provided for in the preceding paragraph increased by 10 %. "
        VIII. -After Article 530-2 of the Code, an Article 530-2-1 shall be inserted as follows: '
        ' Article 530-2-1. -Where the notices of contravention or a lump sum surcharge are sent to a person resident abroad, the time limits laid down in Articles 529-1, 529-2, 529-8, 529-9 and 530 shall be increased by one month.
        " The provisions of Articles 529-10 and 530 of this Code and of Articles L. 121-2 and L. 121-3 of the road code relating to the holders of the registration certificate of the vehicle shall apply to persons whose identity is shown on the Equivalent documents issued by foreign authorities. "
        IX. Article 706-72 of the Code is supplemented by a paragraph worded as follows: '
        ' For the judgment of the tickets referred to in the first paragraph, and in particular of traffic violations, the territorial jurisdiction of the local courts shall be that of the police courts, including the courts of the Exclusive jurisdiction in criminal matters pursuant to the provisions of Article L. 623-2 of the Code of the Judicial Organisation. "
        X. -After Article L. 130-6 of the road code, a Article L. 130-9 reads as follows: '
        ' Art. L. 130-9. -When carried out by an automatic control apparatus having been approved, the findings relating to the speed of vehicles, to safety distances between vehicles, to the crossing by vehicles of a vehicle Signs imposing their judgment, the non-payment of tolls or the presence of vehicles on certain roads and roadways, shall be authentic until proven
        . Where these findings are the subject of automated processing of personal information implemented in accordance with the provisions of Act No. 78-17 of 6 January 1978 relating to computers, files and freedoms, the maximum duration of Retention of such information shall not exceed ten years, without prejudice to the possibility for the driver of the vehicle which has been the subject of the control to request the prosecutor of the territorial jurisdiction to order the erasure of the Information about when it has retrieved the number of points that have been Withdrawn from his driving licence or where the procedure concerning him has resulted in a final decision to relax.
        " For the application of the provisions relating to the flat-rate fine, the place of automatic processing of the personal information concerning the findings made by the automated control apparatus shall be regarded as the place of Finding of the offence. "
        XI. -In the third paragraph of Article L. 322-1 of the Code, the words: Under the conditions laid down in Article 530 of the Code of Criminal Procedure ' Are replaced by the words: " In accordance with the procedures and within the time limits laid down in Articles 529-10 and 530 of the Code of Criminal Procedure, on pain of inadmissibility
        . -In the first paragraph of Article L. 322-1 of the Code, the words: Ask the Public Prosecutor of the Republic of Are deleted and this paragraph is supplemented by a sentence so worded:
        " He then informed the prosecutor of the Republic. "

        Item 9


        I. -By way of derogation from the provisions of Article L. 2334-24 of the General Code of Local and Regional Authorities, the proceeds of the fines levied by the automatic control systems will be paid, from 2004 to 2006, to the general budget of The state.
        II. -The investments and costs incurred by the installation of the automatic control devices will be borne by the State.

        Article 10


        The Government submits to Parliament, each year, a report on the conditions of use of the proceeds of fines generated by traffic violations. This report shall specify in particular the distribution between the State and the local authorities and the actual conditions for the assignment of this product to road safety actions

    • Chapter III: Provisions relating to points permit and establishing a probationary licence Article 11


      I. -After the first subparagraph of Article L. 223-1 of the road code, a paragraph shall be inserted as follows: '
      ' On the date of obtaining the driver's licence, the driver's licence shall be assigned half the maximum number of points for a period of three years. This probationary period is reduced to two years when the holder of the driver's licence has followed an early learning of driving. At the end of this probationary period, the driving licence shall be assigned the maximum number of points, if no infringement has been committed. "
      II. -Article L. 223-2 of the same code is thus amended:
      1 ° Au I, the words: The number of initial points " Are replaced by the words: " The maximum number of points " ;
      2 ° In II, words: " One-third of the initial points " Are replaced by the words: " Half of the maximum number of points " ;
      3 ° III is thus written:
      " III. -In the event that several infringements involving the withdrawal of points are committed simultaneously, withdrawals of points shall accumulate within the limit of two-thirds of the maximum number of points. "
      III. -Article L. 223-6 of the same code is thus amended:
      1 ° In the first subparagraph, the words: Sanctioned with a withdrawal of points, its permit is again affected by the number of initial points " Are replaced by the words: " Having given rise to the withdrawal of points, its permit shall be assigned the maximum number of points " ;
      2 ° The second paragraph reads as follows:
      " The holder of a driving licence who has committed an offence which has resulted in the withdrawal of points may obtain a recovery of points if he or she follows a road safety awareness course. Where the holder of the driving licence has committed an infringement which has resulted in the withdrawal of points equal to or greater than one-quarter of the maximum number of points and is within the period of the probationary period defined in Article L. 223-1, he shall Be subject to this specific training which replaces the fine punishing the infringement. "
      IV. -The 1 ° of article L. 223-8 of the same code is thus written:
      " 1 ° The maximum number of points of the driving licence, the number of points allocated when obtaining the driving licence and the arrangements for acquiring the maximum number of points; ".
      V. Article L. 224-5, L. 224-16, L. 224-17, L. 224-18, L. 231-3, L. 233-1, L. 233-2, L. 234-1, L. 234-8, L. 235-1, L. 235-3, L. 317-2, L. 317-3, L. 317-4, L. 412-1 and L. 413-1 of the same code, the words: The number of initial points " Are replaced by the words: " The maximum number of points ".
      VI. -The provisions of the second paragraph of Article L. 223-1 of the road code in its drafting resulting from the I shall apply only to permits issued as from the date of their entry into force.

      Article 12


      The II of Article L. 223-5 of the Highway Code is supplemented by a sentence so written:
      " This period shall be extended to one year when a new withdrawal of all points takes place within five years of the previous one. "

      Item 13


      I. -In the II of article L. 223-5 of the code of the road, the words: A medical examination " Are replaced by the words: " A medical, clinical, biological examination or analysis ".
      II. Article L. 224-14 of the Code reads as follows: '
      ' Art. L. 224-14. -In the event of the cancellation of a driving licence issued pursuant to this Code or for the offences provided for in Articles 221-6-1, 222-19-1 and 222-20-1 of the Criminal Code or in the case of suspension of driving licences, the duration of which shall be fixed by decree In the Council of State, the person concerned may not apply for a new permit or the return of his licence without having been qualified for medical, clinical, biological and psychotechnical examination or analysis at his own expense. "

      Item 14


      I. -Article L. 223-1 of the road code is thus amended:
      1 ° In the third subparagraph, after the words: The payment of a flat-rate fine ' shall be inserted in the words' Or the issue of the enforceable title of the inflated flat-rate fine ' ;
      2 ° The last paragraph is deleted.
      II. -The first paragraph of Article L. 223-3 of the Code is replaced by two sub-paragraphs thus written:
      " Where the person concerned is notified that one of the offences involving the withdrawal of points has been raised against him, he is informed of the provisions of Article L. 223-2, of the existence of an automatic processing of those points and of the possibility for him Exercise the right of access in accordance with Articles L. 225-1 to L. 225-9.
      " Where the proceedings of the lump sum or the procedure of criminal composition are applied, the offender shall be informed that the payment of the fine or the execution of the criminal composition shall result in the withdrawal of the number of Points corresponding to the alleged infringement, the qualification of which is duly brought to his knowledge; he is also informed of the existence of an automatic processing of these points and of the possibility for him to exercise the right of access. "
      III. -In the first paragraph of Article L. 223-6 of the Code, the words: From the date on which the last conviction became final or the payment of the last fixed fine " Are replaced by the words: " From the date of payment of the last fixed fine, the issue of the enforceability of the last fixed all-inclusive fine, the execution of the last penal composition or the final final conviction ".

      Article 15


      Section L. 223-5 of the Highway Code is completed with a V so written:
      " V.-The fact that a person driving a motor vehicle for the driving of which the permit is required, despite an injunction to surrender his driver's licence in accordance with the I, shall be punished with the penalties laid down in III and IV. "

      Article 16


      Candidates for driving licences are made aware of the basic concepts of First aid.
      A decree in the Council of State lays down detailed rules for the implementation of these provisions

    • Chapter IV: Other provisions to enhance road safety
      • Section 1: Provision for the development of safety equipment on new vehicles Article 17


        Land-based machinery Sold new on French territory must be equipped with a speed regulator

      • Section 2: Arrangements for equipment for mopeds and radar detectors Article 18


        I. -Chapter VII of Title I of Book III of the road code is supplemented by Articles L. 317-5 to L. 317-8 thus written:
        " Art. L. 317-5. -I.-The manufacture, import, export, display, offer, offer for sale, sell, offer for rental or induce to buy or use a device intended to increase the power of the motor of a moped Beyond the maximum permissible power is punishable by two years' imprisonment and a fine of 30 000 EUR.
        " II. -The fact, for a professional, of turning a moped engine to increase its power, beyond the maximum permitted power, is punishable by the same penalties.
        " III. -The device provided for in the I is seized. When the device is placed, adapted or applied to a vehicle, this vehicle may also be seized.
        " Art. L. 317-6. -The attempt to commit the offences set out in Article L. 317-5 shall be punishable by the same
        . Art. L. 317-7. -Natural persons guilty of the offences provided for in Article L. 317-5 shall also be liable to the following additional
        : 1 ° The suspension, for a period of not more than three years, of the driving licence;
        " 2 ° Confiscation of the vehicle when the device used or intended to commit the offence is placed, adapted or applied on a vehicle.
        " Any conviction for the offence provided for in Article L. 317-5 shall give rise to the confiscation of the device which served or was intended to commit the
        . Art. L. 317-8. -Legal persons may be declared criminally responsible, under the conditions laid down in Article 121 (2) of the Criminal Code, for the offences defined in Article L. 317-5. The penalties for legal persons are:
        " 1 ° The fine, as provided for in Article 131-38 of the Penal Code;
        " 2. The penalties mentioned in the 4 °, 5 °, 6 °, 8 ° and 9 ° of Article 131-39 of the Criminal Code. "
        II. -Chapter III of Title I of Book IV of the same Code is supplemented by Articles L. 413-2 to L. 413-5 thus written:
        " Art. L. 413-2. -I.-The manufacture, import, export, display, offer, offer for sale, sell, offer for rental or induce to buy or use a device, device or product of a nature or presented as being of a nature To detect the presence or disrupt the operation of apparatus, instruments or systems used for the recognition of infringements of the legislation or the regulation of road traffic or to avoid the finding of such traffic Offences shall be punishable by two years' imprisonment and a fine of EUR 30
        . II. -This device, device or product is seized. When the appliance, device or product is placed, adapted or applied to a vehicle, this vehicle may also be seized.
        " Art. L. 413-3. -The attempt to commit the offences set out in Article L. 413-2 shall be punishable by the same
        . Art. L. 413-4. -Natural persons guilty of the offences provided for in Article L. 413-2 shall also be liable to the following additional
        : 1 ° The suspension, for a period of not more than three years, of the driving licence;
        " 2 ° Confiscation of the vehicle when the device used or intended to commit the offence is placed, adapted or applied on a vehicle.
        " Any conviction for the offence provided for in Article L. 413-2 shall give rise to the confiscation of the device which served or was intended to commit the
        . Art. L. 413-5. -Legal persons may be declared criminally responsible, under the conditions laid down in Article 121 (2) of the Criminal Code, for the offences defined in Article L. 413-2. The penalties for legal persons are:
        " 1 ° The fine, as provided for in Article 131-38 of the Penal Code;
        " 2. The penalties mentioned in the 4 °, 5 °, 6 °, 8 ° and 9 ° of Article 131-39 of the Criminal Code. "
        III. -after Article L. 130-6 of the same code, an Article L. 130-8 reads as follows: '
        ' Art. L. 130-8. -The officers of the Directorate-General for Competition, Consumer Affairs and Fraud Prevention shall be entitled to seek and observe the infringements provided for in Articles L. 317-5 and L. 413-2. To this end, they have the powers provided for in Book II of the Consumer Code.

      • Section 3: Arrangements for moving installations and works located on the road public domain Item 19


        Article L. 113-3 of the Road Road Code is supplemented by a paragraph worded as follows:
        " The manager of the road public domain may, in the interests of road safety, relocate the installations and works situated in this field at the expense of the occupant under conditions laid down by decree in the Council of State.

      • Section 4: Provisions for severely damaged vehicles Article 20


        Title II of the book III of the code of the road is thus amended:
        1 ° The title of Chapter VI reads as follows: Organization of the profession of automotive expert " ;
        2 ° In the first paragraph of Article L. 326-3, the words: In equal number, " Deleted;
        3 ° (a) Articles L. 326-10 to L. 326-12 become Articles L. 327-1 to L. 327-3 and constitute a Chapter VII entitled " Damaged Vehicles " ;
        (b) In the first paragraph of Article L. 327-3, the reference: L. 326-10 " Is replaced by the reference: " L. 327-1 " ;
        4 ° Chapter VII is supplemented by Articles L. 327-4 to L. 327-6 thus written:
        " Art. L. 327-4. -Where, by reason of the gravity of the damage he has suffered, a vehicle has been detained pursuant to Articles L. 325-1 to L. 325-3, the officer or the judicial police officer making the findings shall retain the certificate as a precautionary measure Registration.
        " In the absence of the surrender of the registration certificate, the prefect or, in Paris, the prefect of the police shall notify the owner of the prohibition of the movement of his vehicle and shall register an opposition to the transfer of the certificate Registration until this document is delivered.
        " The vehicle shall be released only in the light of the report of a motor vehicle expert certifying that the vehicle is in a state of circulation under normal conditions of
        . Art. L. 327-5. -When a motor vehicle expert finds that, due to his condition, a vehicle cannot move under normal conditions of safety, he shall inform the prefect of the department of the place of observation or, in Paris, the prefect of the police, without any Obstructive professional secrecy rules. The prefect shall notify the owner of the ban on the movement of his vehicle and shall register an opposition to the transfer of the registration certificate until the surrender of that document
        The vehicle shall be released only in the light of a report by an automobile expert certifying that the vehicle is in a state of circulation under normal conditions of
        . Art. L. 327-6. -A decree of the Council of State shall, as appropriate, lay down the conditions for the application of this Chapter.

      • Section 5: Provisions for the Protection of Driver and Road Safety Inspectors Item 21


        In Chapter I of Title I of Book II of the road code, a Article L. 211-1 reads as follows:
        " Art. L. 211-1. -In the case of a commission of offences of violence or contempt provided for in Articles 222-9 to 222-13 and 433-5 of the Criminal Code against an inspector of driving licences and road safety in the exercise or in the exercise of its Functions, the court may impose the additional penalty of prohibiting the examination of the driving licence for a period of not more than three
        . This conviction shall be brought to the attention of the prefect of the department concerned.

      • Section 6: Provisions on knowledge of road traffic accidents Article 22


        Title I of the Road Road Code is completed by a Chapter IX so worded:


        "Chapter IX



        " Road network information devices


        " Art. L. 119-1. -The Prefect shall report annually to the departments, municipalities or their groups on information on road traffic accidents and serious infringements committed on the road network for which they are
        . The departments, municipalities and their groups shall establish, under the conditions laid down in Article L. 1614-7 of the General Code of Local and Regional Authorities, the statistics relating to the road network for which they are responsible. They communicate them to the state representative in the department.
        " The population threshold from which this obligation applies, the elements to be provided and the frequency of their updating shall be fixed by decree in the Council of State. "

        Article 23


        The State submits annually to Parliament an inventory report of the points of the national network in particular Accident subjects. It takes stock of the curative measures implemented

      • Section 7: Provisions for the security of passenger and freight transport Item 24


        I. -In Article L. 325-1 of the road code, after the words: Or the regulations relating to the compulsory insurance of motor vehicles shall be inserted as follows: ' Transportation of dangerous goods by road ".
        II. -In the first paragraph of Article L. 130-6 of the Code, after the reference: L. 224-5, ", it is inserted the reference:" L. 233-2, ".
        III. -Article L. 225-5 of the Code is supplemented by an 8 ° thus written:
        " 8 ° To the body responsible for issuing and managing the driver cards associated with the electronic tachograph used for the control of road transport. "

        Article 25


        Every year, the Government will submit to Parliament a report on the implementation of road plan contracts Regions.

        Article 26


        I. -Law No. 82-1153 of 30 December 1982 on the orientation of inland transport is thus amended:
        1 ° Article 5 is supplemented by a paragraph worded as follows:
        " Carriage of goods shall be considered to be transport operations carried out as part of a move." ;
        2 ° Article 8 is thus amended:
        (a) In the first paragraph of the I, after the words: " Of a public goods carrier, ", shall be inserted as follows: Carrier, ", and, after the words:" Of industrial vehicles for transport " shall be inserted as follows: , freight forwarder " ;
        (b) In the last paragraph of I, after the words: " Are read as ", are inserted the words:" Freight forwarders and as " And, after the words: " The execution of the carriage of goods, shall be inserted as follows: Or moving " ;
        (c) In the first paragraph of II, after the words: " Public transport of goods' shall be inserted as follows: ' Or any contract relating to the move " ; after the words: " The purpose of the transport ", shall be inserted the words: Or move " ; after the words: " Of the carrier "shall be inserted the words:" , the carrier, and, after the words: " The price of transport ' shall be inserted the words: ' Or move ".
        This paragraph is supplemented by a sentence so worded:
        " Similarly, the contract of the board of transport must be the subject of identical provisions. ' ;
        (d) At the beginning of the second paragraph of II, the word " A " Is replaced by the words: " Without prejudice to contract law and to " ;
        e) In IV, after the words: " Compensation "shall be inserted in the words:" Transport Commissioners and " ;
        3 ° In the fourth paragraph of Article 9, after the words: " In the transport contracts' shall be inserted the words: ' , in contracts relating to the move " ;
        4 ° In the first sentence of the second paragraph of Article 12, after the words: " Of transport undertakings' shall be inserted as follows: ' , moving " ;
        5 ° In the penultimate paragraph of Article 17, the words: " Created within the Regional Transport Committee " Are replaced by the words: " Placed with the regional prefect ".
        After the first sentence of the same paragraph, the following sentence shall be inserted:
        " It includes representatives of the companies involved in the transport operations, their employees and the various categories of users as well as representatives of the state." ;
        6 ° Article 37 is thus amended:
        1 ° In I, the words: " In the event of an infringement of the provisions relating to transport, working conditions and safety " Are replaced by the words: " In the event of an infringement of transport, labour, hygiene or safety regulations' ;
        2 ° In the first paragraph of II, the words: " The provisions on transport, working conditions and safety ' Are replaced by the words: " To transport, labour, hygiene or safety regulations', after the words: ' Of a road transport undertaking " shall be inserted the following words: Or a moving company, " And it is completed with a sentence so written:
        " These provisions also apply to undertakings whose transport is incidental to their activity. "
        II. -The provisions of 5 ° of the I shall enter into force on the first day of the sixth month following the promulgation of this Law.

        Article 27


        I. -Article 25 of the Financial Act for the financial year 1952 (No. 52-401 of 14 April 1952) is thus amended:
        1 to the a of II, after the words: " Highway carrier of goods, " Are inserted the words: " "Carrier," ;
        2 ° To d of II, after the words: " Carrier activity, " Are inserted the words: " Of Carrier, ".
        II. -Article 3 of Order No. 58-1310 of 23 December 1958 concerning working conditions in public and private road transport for the purpose of ensuring the safety of road traffic reads as
        : Art. 3. -The falsification of documents or electronic data, the provision of false information, the deterioration, irregularly use or modification of devices intended for the control provided for in Article 1 or of not having carried out The installation of these devices is punishable by one year's imprisonment and a fine of EUR 30 000.
        " The vehicle on which the offence was committed is immobilized and removed from circulation until it has been brought into compliance or repaired. A decree of the Council of State shall lay down the conditions for the application of this paragraph
        The fact of carrying on a road transport with a card of non-conforming driver or not belonging to the driver using it, or without a card inserted in the chronotachograph of the vehicle, shall be punished by imprisonment of six months and a fine of 3,750 euros.
        " The same penalties shall be imposed for the refusal to present the documents or electronic data signed, to disclose the information or to allow the carrying out of the controls or investigations provided for in this order, by its decrees Application or by Article L. 130-6 of the road code. "

        Article 28


        Law No. 95-66 of 20 January 1995 on access to driver activity and the profession of operator of Taxi is thus modified:
        1 ° After Article 2, an article 2 bis reads as follows:
        " Article 2 bis. -The exercise of the activity of a taxi driver requires the holder of a professional card issued by the prefect
        The prefect may, in the event of a violation by the driver of the regulations applicable to the profession, give him a warning or proceed to the temporary or permanent withdrawal of his professional card." ;
        2 ° After Article 6, an article 6 bis reads as follows:
        " Article 6 bis. -The administrative authority responsible for issuing the parking authorization may, where it is not carried on in an effective or continuous manner, or in the case of a serious or repeated breach by its owner of its contents or Regulation applicable to the profession, give it a warning or proceed to the temporary or permanent withdrawal of its authorisation for parking. ' ;
        3 ° After Article 7, an Article 7 bis reads as follows:
        " Article 7 bis. -The powers devolved to the prefect by this Law shall be exercised by the prefect of the police in the zone defined for the exercise of the powers enumerated in Article 1 of the Act of 13 March 1937 which shall be the object of the organisation of the taxi industry.

    • Chapter V: Miscellaneous and coordinating provisions Article 29


      The provisions of Articles 529-10, 529-11 and 530-2-1 of the Code of Procedure Article 8 of this Law shall be inserted in Article L. 121-5 of the road code reproducing Articles 529-7 to 530-3 of the Code of Criminal Procedure relating to the procedure for the lump sum.

      Article 30


      Article L. 232-1 of the road code is replaced by Articles L. 232-1 to L. 232-3 thus written:
      " Art. L. 232-1. -The provisions on involuntary manslaughter in the conduct of a motor vehicle are laid down in Articles 221-6-1 and 221-8 of the Penal Code reproduced
      : Art. 221-6-1. -Where the maladdress, carelessness, carelessness, neglect or failure to comply with a legislative or regulatory obligation of safety or security provided for in Article 221-6 is committed by the driver of a motor vehicle, Involuntary manslaughter is punishable by five years' imprisonment and a fine of 75,000
      . Penalties are increased to seven years' imprisonment and a fine of EUR 100 000 when:
      " 1 ° The driver has committed a manifestly deliberate breach of a particular safety or security obligation provided for by law or regulation other than those mentioned below;
      " 2 ° The driver was in manifest drunkenness or was under the empire of an alcoholic condition characterised by a concentration of alcohol in the blood or in the air expired at or above the rates laid down in the legislative provisions or Regulation of the code of the road, or refused to comply with the checks provided for by this code and intended to establish the existence of an alcoholic state;
      " 3 ° It follows from a blood test that the driver used substances or plants classified as narcotic, or refused to comply with the checks provided for by the road code to determine whether he was driving by Drug use;
      " 4 ° The driver was not the holder of a driving licence required by law or regulation or his permit had been cancelled, invalidated, suspended or withheld;
      " 5 ° The driver committed an exceedance of the maximum permissible speed of 50 km/h or more;
      " 6 ° The driver, knowing that he has just caused or caused an accident, has not stopped and attempted to escape the criminal or civil liability that he may incur.
      " The penalties are brought to ten years' imprisonment and a fine of EUR 150 000 when the involuntary manslaughter has been committed with two or more of the circumstances mentioned in the first and subsequent paragraphs of this Article. "
      " Art. 221-8. -Natural persons guilty of the offences provided for in this Chapter also incur the following additional penalties:
      " 1 ° The prohibition, in accordance with the procedure laid down in Article 131-27, for the exercise of professional or social activity in the exercise or in the exercise of which the offence was committed;
      " 2 ° The prohibition on holding or wearing, for a period of not more than five years, a weapon subject to authorisation;
      " 3 ° The suspension, for a period of not more than five years, of the driving licence, that suspension may be limited to conduct outside the professional activity; in the cases provided for in Article 221-6-1, the suspension may not be accompanied The suspension, even in part, and may not be limited to conduct outside professional activity; in the cases provided for in the 1 ° to 6 ° and the last paragraph of Article 221-6-1, the duration of such suspension shall be no more than ten years;
      " 4 ° The cancellation of a driving licence with a prohibition of applying for the grant of a new licence for up to five years;
      " 5 ° Confiscation of one or more weapons of which the convicted person owns or has the freedom of disposition;
      6 ° Removal of the permit to hunt with a prohibition on the issuance of a new permit for up to five years;
      " 7 ° In the cases provided for in Article 221-6-1, the prohibition of driving certain motor land vehicles, including those for the conduct of which the driving licence is not required, for a period of not more than five years;
      " 8 ° In the cases provided for in Article 221-6-1, the obligation to perform a road safety awareness training course at its own expense;
      " 9 ° In the cases provided for in Article 221-6-1, the capital property, for a period of not more than one year, of the vehicle used by the convicted person to commit the offence, if it is the owner thereof;
      10 ° In the cases provided for in Article 221-6-1, the confiscation of the vehicle used by the convicted person to commit the offence, if it is the owner.
      " Any conviction for the offences set out in the 1 ° to 6 ° and the last paragraph of Article 221-6-1 shall give rise to the right to cancel a driving licence with a prohibition of applying for a new licence for ten years at most. In the event of a repeat offence, the duration of the prohibition shall be extended to ten years, and the court may, by a specially reasoned decision, provide that the prohibition shall be final. "
      " Art. L. 232-2. -The provisions concerning involuntary infringements of the integrity of the person committed by the driver of a motor vehicle are laid down in Articles 222-19-1, 222-20-1 and 222-44 of the following penal code:
      " Art. 222-19-1. -Where the maladdress, carelessness, carelessness, neglect or failure to comply with a legislative or regulatory obligation of safety or security provided for in Article 222-19 is committed by the driver of a motor vehicle, The unintentional injury to the integrity of the person who has resulted in a total incapacity for work for more than three months is punishable by three years' imprisonment and a fine of 45 000
      . Penalties are increased to five years' imprisonment and a fine of 75,000 euros when:
      " 1 ° The driver has committed a clearly deliberate breach of a special duty of care or safety provided for by law or regulation other than those mentioned below;
      " 2 ° The driver was in manifest drunkenness or was under the empire of an alcoholic condition characterised by a concentration of alcohol in the blood or in the air expired at or above the rates laid down in the legislative provisions or Regulation of the code of the road, or refused to comply with the checks provided for by this code and intended to establish the existence of an alcoholic state;
      " 3 ° It follows from a blood test that the driver used substances or plants classified as narcotic, or refused to comply with the checks provided for by the road code to determine whether he was driving by Drug use;
      " 4 ° The driver was not the holder of a driving licence required by law or regulation or his permit had been cancelled, invalidated, suspended or withheld;
      " 5 ° The driver committed an exceedance of the maximum permissible speed of 50 km/h or more;
      " 6 ° The driver, knowing that he has just caused or caused an accident, has not stopped and attempted to escape criminal or civil liability that he may incur.
      " Penalties shall be increased to seven years' imprisonment and to a fine of EUR 100 000 where the unintentional infringement of the integrity of the person has been committed with two or more of the circumstances mentioned in the first and subsequent paragraphs of this Article. "
      " Article 222-20-1. -Where the maladdress, carelessness, carelessness, neglect or failure to comply with a legislative or regulatory obligation of safety or security provided for in Article 222-19 is committed by the driver of a motor vehicle, The unintentional injury to the integrity of the person who has resulted in a total incapacity for work of less than or equal to three months is punishable by two years' imprisonment and a fine of EUR 30
      . Penalties are given to three years' imprisonment and a fine of 45 000 EUR when:
      ' 1 ° The driver has committed a clearly deliberate breach of a special duty of care or safety provided for by law or regulation other than those mentioned below;
      " 2 ° The driver was in manifest drunkenness or was under the empire of an alcoholic condition characterised by a concentration of alcohol in the blood or in the air expired at or above the rates laid down in the legislative provisions or Regulation of the code of the road, or refused to comply with the checks provided for by this code and intended to establish the existence of an alcoholic state;
      " 3 ° It follows from a blood test that the driver used substances or plants classified as narcotic, or refused to comply with the checks provided for by the road code to determine whether he was driving by Drug use;
      " 4 ° The driver was not the holder of a driving licence required by law or regulation or his permit had been cancelled, invalidated, suspended or withheld;
      " 5 ° The driver committed an exceedance of the maximum permissible speed of 50 km/h or more;
      " 6 ° The driver, knowing that he has just caused or caused an accident, has not stopped and attempted to escape the criminal or civil liability that he may incur.
      " The penalties shall be increased to five years' imprisonment and a fine of EUR 75 000 when the unintentional infringement of the integrity of the person has been committed with two or more of the circumstances mentioned in the first and subsequent paragraphs of this Article. "
      " Article 222-44. -Natural persons guilty of the offences provided for in this Chapter also incur the following additional penalties:
      " 1 ° The prohibition, in accordance with the procedure laid down in Article 131-27, for the exercise of professional or social activity in the exercise or in the exercise of which the offence was committed;
      " 2 ° The prohibition on holding or wearing, for a period of not more than five years, a weapon subject to authorisation;
      " 3 ° The suspension, for a period of not more than five years, of the driving licence, that suspension may be limited to conduct outside the professional activity; in the cases provided for in Articles 222-19-1 and 222-20-1, the suspension may not be suspended. Not be subject to the stay, even in part, and may not be limited to conduct outside the professional activity; in the cases provided for by the 1 ° to 6 ° and the last paragraph of Articles 222-19-1 and 222-20-1, the duration of that suspension Is up to 10 years;
      " 4 ° The cancellation of a driving licence with a prohibition of applying for the grant of a new licence for up to five years;
      " 5 ° Confiscation of one or more vehicles belonging to the convicted person;
      6 ° The confiscation of one or more weapons of which the convicted person is the owner or of which he has the free disposal;
      " 7 ° The confiscation of the thing that served or was intended to commit the offence or the thing that is the product thereof;
      " 8 ° In the cases provided for in Articles 222-19-1 and 222-20-1, the prohibition on driving certain motor land vehicles, including those for the driving of which the driving licence is not required, for a period of not more than five years;
      " 9 ° In the cases provided for in Articles 222-19-1 and 222-20-1, the obligation to perform, at their own expense, a road safety awareness course;
      " 10 ° In the cases provided for in Articles 222-19-1 and 222-20-1, the capital property, for a period of not more than one year, of the vehicle used by the convicted person to commit the offence, if it is the owner.
      " Any conviction for the offences set out in the 1 ° to 6 ° and the last paragraph of Article 222-19-1 gives rise to the right to cancel the driving licence with a prohibition of applying for a new licence for ten years at most. "
      " Art. L. 232-3. -Offences of involuntary injury to the life or integrity of the person committed in the course of driving a motor vehicle provided for in Articles 221-6-1, 222-19-1 and 222-20-1 of the Criminal Code shall give rise to the full right of withdrawal Half of the maximum number of points in the driver's licence. "

      Article 31


      The provisions of Articles L. 121-5, L. 231-1, L. 231-2 and L. 231-3 of the road code reproducing articles The Code of Criminal Procedure or the Penal Code is amended by the effect of subsequent amendments to these articles.

      Article 32


      I. -In the I of Article L. 234-8 of the road code, shall be inserted after the words: To the checks provided for in Articles L. 234-4 to L. 234-6 ", the words' Or the checks provided for in Article L. 234-9 ".
      II. -Article L. 234-10 of the Code is repealed.

      III. -In the last sentence of Article L. 224-7 and the penultimate sentence of the first paragraph of Article L. 224-8 of the Code, the words: , L. 234-8 or L. 234-10 " Are replaced by the words: " And L. 234-8 ".
      IV. Article L. 225-2 of the same code is thus amended:
      1 ° Au I, the words: " Six years " Are replaced by the words " Ten years " ;
      2 ° IV is thus written:
      " IV. -In the event of a definitive prohibition of applying for a new driver's licence, the information referred to in the I shall be deleted when the person reaches the eightieth year. "

      Item 33


      I. Article 398-1 of the Code of Criminal Procedure reads as follows: '
      ' 3. Offences in the field of land transport regulations; ".
      II. -At the end of the second paragraph of Article 522 of the Code, the words: Either the working conditions in road transport or the coordination of transport " Are replaced by the words: " , or the ground transportation regulations ".

      Item 34


      I. -After the second subparagraph of Article L. 224-1 of the road code, two sub-paragraphs shall be inserted as
      : Where the provisions of Article L. 235-2 are applied, the provisions of this Article shall apply to the driver if the tests are positive.
      " The same is true if there are one or more plausible reasons for suspecting that the driver or the attendant of the driver has used drugs or when the driver or the attendant refuses to submit to the tests Verification under Article L. 235-2. "
      II. -It shall be inserted after the second paragraph of Article L. 224-2 of the same code, a paragraph worded as follows: '
      ' Where the provisions of Article L. 235-2 are applied, the provisions of this Article shall apply to the driver if the medical, clinical and biological tests and examinations establish that he was driving after using Substances or plants classified as narcotic. The same shall apply if the driver or accompanying pupil of the driver has refused to submit to the verification tests provided for in Article L. 235-2. "
      III. -In Article L. 224-3 of the Code, the words: And third paragraphs " Are replaced by the words: " , third and fourth paragraphs ".

      Article 35


      At the end of the penultimate subparagraph of Article L. 235-2 of the road code, the Words: " Under the influence of substances or plants classified as narcotic " Are replaced by the words: " Having made use of substances or plants classified as narcotic ".

      Article 36


      At the end of Article L. 2213-2 of the General code of local authorities, the words: And constitutes an offence within the meaning of Article R. 417-10 of the road code " Deleted.

      Article 37


      Article L. 325-9 of the Highway Code is supplemented by a paragraph worded as follows:
      " The amount of the charges for ant charges shall be fixed by order and shall take into account the difficulties in the implementation of the abduction and custody operations relating to the importance of the municipalities in which these operations are carried out and The existence of traffic and parking problems experienced by these municipalities. "

      Item 38


      Order No. 2000-930 dated September 22, 2000, relating to the Legislative Part of the Highway Traffic Act is Ratified.

      Item 39


      I. Article L. 130-4 of the road code reads as follows: '
      ' Art. L. 130-4. -Without prejudice to the general competence of the officers and the judicial police officers, shall have jurisdiction to record the ticketing provided for in the Regulatory part of this Code or by other provisions Regulations, insofar as they relate to road safety and traffic:
      " 1 ° National Forestry Board staff;
      " 2 ° The Garden Guards of the Municipalities;
      " 3 ° Incumbent or contractual agents of the State and the agents of the communes, holding or not, responsible for the supervision of the public road, approved by the public prosecutor;
      " 4 ° The agents, approved by the public prosecutor, of those of the urban public transit services of passengers who appear on a list drawn up under conditions laid down by decree in the Council of State;
      " 5 ° Port officers and assistant port officers;
      " 6 ° Officials or agents of the State responsible for the control of land transport under the authority of the Minister responsible for transport;
      7 ° Customs officers;
      " 8 ° The agents of the concessionaires of a motorway or road work open to public traffic and subject to tolls, approved by the prefect;
      " 9 ° The verbalators referred to in Article L. 116-2 of the Road Traffic Code;
      " 10 ° The agents of the aerodrome operators, sworn and approved by the prefect for the only tickets to the parking rules in the aerodrome right-of-way;
      " 11 ° Assistant judicial police officers;
      " 12 ° Officials or agents of the State responsible for the receptions of vehicles or elements of vehicles placed under the authority of the ministers responsible for industry and
      . The list of tickets which each category of agents mentioned above is authorised to see is fixed by decree in the Council of State. "
      II. -After Article L. 130-6 of the same Code, a Article L. 130-7 reads as follows: '
      ' Art. L. 130-7. -Where they are not already sworn in, officers who have jurisdiction to record the ticketing provided for in Article L. 130-4 shall take the oath before the court of the court of instance
      This oath, which shall be laid down by decree in the Council of State, shall be renewed in the event of a change in the place of duty of the person concerned. "
      III. -In Article L. 221-2 of the same code, the sum: 4500 EUR " Is replaced by the sum: " 3,750 euros ".
      IV. -Subject to the court decisions passed in force of res judici, their legality is contested on grounds of illegality of Order No. 2000-1255 of 21 December 2000 amending certain provisions Annuls to Order No. 2000-930 dated September 22, 2000, relating to the Legislative Part of the Highway Code, the acts taken pursuant to that Order.

      Article 40


      I. -The provisions of I, II and III of Article L. 711-1 and those of Articles L. 711-2 to L. 741-3 of the Civil Aviation Code shall apply to the technical investigation relating to an accident or incident in an aircraft designed exclusively to Military use or an aircraft which is not registered in the register of civil aviation.
      For the purposes of Articles L. 711-2, L. 711-3 and L. 731-1 of the same code, the powers of the Minister responsible for civil aviation, agents belonging to the technical bodies of Civil aviation and administrative authorities responsible for the safety of civil aviation shall be exercised by the Minister of Defence, commissioned or authorised officials and military or civilian security agencies
      A Council of State decree sets out the conditions for the application of this Article.
      II. -In the first paragraph of Article L. 711-2 of the Code, after the words: Permanent specialised body "shall be inserted the words:" Or under its control ".

      Article 41


      In the I of Article 68 of Law No. 2000-516 of 15 June 2000 strengthening the protection of Presumption of innocence and the rights of victims, words: On request or if the persons concerned are allowed to work, due to the operational requirements of the work " Are replaced by the words and the 1 ° to 4 ° thus written:
      " In the following cases:
      " 1 ° If requested by interested parties;
      " 2 ° If their personality justifies, in their interest, that they are not left alone;
      " 3 ° If they have been authorised to work, or to attend vocational or school training and the organisational requirements impose it;
      " 4 ° Within five years of the promulgation of Act No. 2003-495 of 12 June 2003 reinforcing the fight against road violence, if the internal distribution of the detention centres or the number of prisoners present does not permit such a Individual imprisonment.

    • Chapter VI: Overseas Provisions Article 42


      Applicable to Mayotte:
      1 ° The II of Article 3, the IV and V of Article 4, the XI and the XII of Article 5, the XI to XIX of Article 6, the II, the XI and the XII of Article 8, Articles 10 to 16, I and II of Article 18, Articles 20 to 23, I and II of Article 24 and Articles 30 to 41 of this Law;
      2 ° Articles L. 235-1 to L. 235-4 of the Highway Code;
      3 ° Article L. 211-6 of the Insurance Code.

      Item 43


      I. -In Article L. 141-1 of the road code, it is added a 4 ° thus written:
      " 4 ° "Police Tribunal by" court of first instance. "
      II. -In Article L. 142-1 of the same code, it is added a 3 ° and a 4 ° thus written:
      " 3 ° "Prefet by" Government representative;
      " 4 ° "Police Tribunal by" court of first instance. "
      III. -After Article L. 142-3 of the Code is inserted two Articles L. 142-4 and L. 142-4-1 thus written:
      " Art. L. 142-4. -For the application in the territorial community of Mayotte of 9 ° of Article L. 130-4, the competent verbalators shall be:
      " 1 ° On lanes of all categories:
      " (a) Field guards of municipalities and sworn special guards;
      " (b) Municipal police officers;
      " 2 ° On public roads within their remit:
      " (a) Engineers of the bridges and pavements and engineers of public works of the State, sworn in;
      " (b) State public works technicians, chief public works inspectors of the State and public works officers of the State, when commissioned and sworn in for that purpose.
      " Art. L. 142-4-1. -For the application in the territorial community of Mayotte of this Code, it is added to Article L. 130-4 a 13 ° thus written:
      " 13 ° The officials of the police of Mayotte under the conditions laid down in Article 879-1 of the Code of Criminal Procedure;
      . -Subject to the decisions of the court in force of res judici, the legality of the actions taken in application is challenged on a ground alleging the illegality of Order No. 2000-1255 of 21 December 2000. Of the said order.

      Article 44


      The 3 ° of the I and the 3 ° of II of Article 837 of the Code of Criminal Procedure are thus
      : 3 ° The offences provided for by the local provisions on land transport regulations; ".

      Article 45


      After article L. 244-1 of the highway code, an article L. 244-2 reads:
      " Art. L. 244-2. -The I, the 3 ° and 4 ° of II and the III of Article L. 235-1, Article L. 235-2, the I, the 3 ° and 4 ° of the II of Article L. 235-3 and the I of Article L. 235-4 are applicable in French Polynesia. "

      Item 46


      I. -The Government is entitled, under the conditions laid down in Article 38 of the Constitution, to adopt by order measures of a legislative nature permitting:
      -to make this Law applicable, if necessary with the necessary adaptations, in New Caledonia, in French Polynesia and in the Wallis and Futuna Islands;
      -to apply the provisions relating to conduct under The influence of substances or plants classified as narcotic drugs, in New Caledonia and in the Wallis and Futuna Islands.
      Draft orders are submitted for opinion:
      1 ° Where their provisions relate to French Polynesia and New Caledonia, to the competent institutions provided for respectively by Organic Law No. 96-312 of 12 April 1996 on the Statute of Autonomy of Polynesia French and by Organic Law No. 99-209 of 19 March 1999 concerning New Caledonia;
      2 ° Where their provisions relate to the Wallis and Futuna Islands, to the territorial assembly of the Wallis and Futuna Islands. The notice is then issued within one month; the notice is deemed to have been given.
      II. -The draft orders containing provisions relating to French Polynesia are also submitted to the Assembly of that
      . -Orders will be made no later than the last day of the twelfth month following promulgation of this Act. The bill to ratify these Orders will be tabled in Parliament by the last day of the eighteenth month following the enactment of this Act.

      Article 47


      The second sentence of the fourteenth paragraph of Article L. 3612-2 of the Public Health Code reads:
      " It is not revocable and may be renewed once. "
      This Act will be enforced as the law of the state


    Done at Paris, June 12, 2003.


    Jacques Chirac


    By the President of Republic:


    Prime Minister,

    Jean-Pierre Raffarin

    The Minister of the Interior,

    of Internal Security

    and local freedoms,

    Nicolas Sarkozy

    The Seals Guard, Minister of Justice,

    Dominique Perben

    Minister of Defence,

    Michèle Alliot-Marie

    Minister of Economy,

    Finance and Industry,

    Francis Mer

    The Minister of Equipment, transports,

    of the housing, Tourism and the sea,

    Gilles de Robien

    The Minister of Health, the

    Family and People with Disabilities,

    Jean-François Mattei

    The Minister of Agriculture, Food,

    , and Rural Affairs,

    Hervé Gaymard

    The Minister of the Public Service,

    of

    and Spatial Planning,

    Jean-Paul Delevoye

    The Minister for Overseas,

    Brigitte Girardin

    Associate Minister Industry,

    Nicole Fontaine

    Associate Minister of Local Freedoms,

    Patrick Devedjian


    (1) Preparatory work: Act No. 2003-495.

    National Assembly:

    Bill 638;

    Report by Richard Dell' Agnola, on behalf of the Committee on Laws, No. 689;

    Discussion on 19 and 20 March 2003 and adoption of the March 20, 2003.

    Senate:

    Bill adopted, amended, adopted with amendments by the National Assembly at second and third reading, No. 223 (2002-2003);

    Report by Mr Lucien Lanier, on behalf of the Committee on Laws, No. 251 (2002-2003);

    Discussion on 29 and 30 April 2003 and adoption on 30 April 2003.

    National Assembly:

    Bill, as amended by the Senate, No. 826;

    Report by Richard Dell' Agnola, on behalf of the Committee on Laws, No. 865;

    Discussion and adoption on June 4, 2003.


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