Key Benefits:
The Prime Minister,
On the report of the Minister of Equipment, Transport, Housing, Tourism and the Seals and the Minister of Justice,
In view of the Criminal Code, including: Articles 131-35-1, 132-45 and R. 625-2;
In view of the Code of Criminal Procedure, in particular Articles 529 et seq. And R. 49 et seq.;
Given the code of the road;
In view of Act No. 95-66 of 20 January 1995 on access to the activity of Driver and the profession of taxi operator;
In light of Decree No. 64-1333 of 22 December 1964 on the recovery of fines and financial penalties by direct accounts of the Consolidated Revenue Fund;
In light of Decree No. 95-935 of 17 August 1995 Implementing Act No. 95-66 of 20 January 1995 on access to driver activity and Taxi operator occupation;
Due to the opinion of the Permanent Interdepartmental Working Group on Road Safety dated June 19, 2003;
The Council of State (Public Works Section) heard,
Clipping:
"Chapter II
" Du Penalties regime
"Section I
" General
" None.
"Section II
" Punishments Customization Modes
"Subsections I to III
" None.
"Subsection IV
" Stay With Test
" Art. R. 132-45. -The attestation of road safety awareness training provided for in the second subparagraph of Article 131-35-1 shall be addressed to the judge of the application of the penalties or to the prison service for insertion and probation responsible for the monitoring of this obligation. "
III. Article R. 625-2 of the Penal Code reads as follows: The case provided for in Article 222-20 " Are replaced by the words: " The cases provided for in Articles 222-20 and 222-20-1 ".
I. -Article R. 221-1 of the Highway Traffic Act is amended as follows:
The first and second paragraphs constitute an I, the third paragraph a II, the fourth paragraph a III and the fifth paragraph a IV.
At the beginning of the II The following provisions: " Except in the case of persons justifying that they learn to drive under the conditions laid down in Articles R. 211-3 to R. 211-5, ".
The IV is replaced by the following:
" IV. -Any person guilty of the offence provided for in this Article shall also be liable to the following additional
: 1. 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;
" 2 ° The obligation to perform a road safety awareness training course at its own expense;
" 3. The obligation to carry out work of general interest for a period of twenty-one hundred and twenty hours. "
II. -In the first paragraph of Article R. 324-2 of the road code, after the words: Professional activity " Are added the words: " And work of general interest for a period of twenty to one hundred and twenty hours ".
III. -The II of Article R. 413-14 of the Highway Code is replaced by the following:
" II. -Any person guilty of exceeding the maximum permitted speed of 30 km/h or more also incurs the following additional penalties:
" 1 ° The suspension, for a period of not more than three years, of the driving licence, that suspension may be limited to driving outside the professional activity;
" 2. 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;
" 3. The obligation to carry out a road safety awareness training course at its own expense. "
I. -The first paragraph of Article R. 49-3 and the second paragraph of Article R. 49-11 of the Code of Criminal Procedure are respectively supplemented by the following words: The use of means of distance payment, in accordance with the procedure laid down in the custody of the seals, the Minister for Justice, the Minister responsible for the budget, the Minister responsible for the Interior and the Minister for
. -After Article R. 49-13 of the Code of Criminal Procedure, the following provisions are inserted:
" Art. R. 49-14. -The notice of violation and the payment card referred to in Article R. 49-1, if addressed pursuant to Article 529-10, shall be accompanied by a request form for exemption specifying the conditions of admissibility of the request Under Article 529-2, the arrangements for payment of consignment, and the penalties provided for in Articles 226-10 and 441-1 of the Penal Code and R. 49-19 of this
. Art. R. 49-15. -The notice of a lump sum surcharge addressed pursuant to Article 529-10 specifies the conditions for the admissibility of the claim under Article 530, the methods of payment of the consignment, and the penalties provided for by the Articles 226-10 and 441-1 of the Penal Code and R. 49-19 of this Code.
" Art. R. 49-16. -Where the request for exemption or the claim is accompanied by the information provided for in paragraph 1 of Article 529-10, it shall specify the names, names, sex, date of birth and address of the driver, as well as the number of the driver's licence Drive.
" Art. R. 49-17. -The consignment provided for in Articles R. 49-14 and R. 49-15 shall be effected either by using the stamp provided for in the first paragraph of Article R. 49-3, either in cash or by cheque payable to the public treasury, either by bank card or by means of a scheme The Minister of Justice, the Minister responsible for the Budget, the Minister responsible for the Interior and the Minister for
. Art. R. 49-18. -Where a consignment has been paid pursuant to Article 529-10, the following provisions shall be applied:
" If the consignment is not followed by a request for exemption or a claim made in accordance with the provisions of Articles 529-2, 529-10 and 530, it shall be considered as payment of the lump sum fine or lump sum fine Increased.
" If the officer of the Public Prosecutor's Office does not follow the ticket, he shall notify the author of the request for exemption by informing him that the consignment will be refunded to him if he so requests it to the accounting officer of the public
. In the event of a conviction of a fine or when the defendant is declared liable to pay the fine in accordance with Article L. 121-3 of the road code, the court of judgment shall specify in its decision the amount of the fine remaining after Deducting the amount of logging.
" In the event of a decision to relax and if Article L. 121-3 of the Highway Code does not apply, the court shall order the refund of the consignment to the accused if he so requests it to the accounting officer of the public
. Art. R. 49-19. -In the absence of the cases provided for in Articles 226-10 and 441-1 of the Penal Code, the fact, for the author of a request for exemption or of a claim falling within the provisions of Article 529-10 of this Code, to give, in accordance with the 1 ° of this Code Section, incorrect or erroneous information is subject to the fine for the fifth class ticketing. Legal persons may be declared criminally liable, under the conditions laid down in Article 121 (2) of the Criminal Code, of the contravention provided for in this Article. "
III. -The 4 ° of Article 2 of the aforementioned Decree of 22 December 1964 on the recovery of fines and financial penalties by direct accounts of the Treasury is supplemented by the following paragraph:
" Lump-sum fines issued for tickets found pursuant to Article L. 130-9 of the Highway Code, which have not been paid and have not been the subject of a request for exemption within the time limit laid down in Article 529-2 of the Code of Criminal procedure, are increased. The executory securities shall be signed by the officer of the prosecutor's office of the place of recognition of the offence, and shall be transmitted to each principal accounting officer of the treasury on which the offender's domicile depends. "
I. -The I of Article R. 211-5 of the Highway Code is supplemented by the following provisions: Such learning cannot be done after cancellation or invalidation of driving licences in this category. "
II. -Article R. 212-2 of the road code is amended as follows:
IV becomes the V;
After the III is inserted a IV thus written: " IV. -To be the holder of a driving licence whose probationary period defined in Article L. 223-1 has expired. "
III. -In Chapter III of Title II of Book II of the Regulations part of the Highway Code, articles R. 223-1 to R. 223-4 are a section I entitled: General Principles ".
IV. -Sections R. 223-1 to R. 223-4 of the Highway Code are replaced by the following:
" Art. R. 223-1. -I.-The driving licence shall be assigned a maximum of twelve points.
" II. -On the date of the driver's licence, the driver's licence is assigned an initial number of six points.
" III. -During the probationary period laid down in Article L. 223-1, the driving licence shall not be assigned a number of points greater than six.
" IV. -At the end of this probationary period, if no infringement has been committed, the driving licence shall be assigned the maximum number of twelve points
In the case of an offence commission which has given rise to points during the probationary period, the allocation of the maximum number of points shall be subject to the conditions laid down in Article L. 223-6.
" V.-The three-year probationary period runs from the date of the driver's licence, regardless of the category. This period shall be reduced to two years or, if not completed while the duration of two years is exceeded, shall terminate upon obtaining Category B of the driving licence in the context of early learning of driving.
" Art. R. 223-2. -In the event that a number of infringements leading to the withdrawal of points are committed simultaneously, the withdrawal of points shall be within the limit of eight points.
" Art. R. 223-3. -I.-In recognition of an offence involving the withdrawal of points, the author shall be informed that he is liable to a withdrawal of points if the reality of the offence is established in accordance with the conditions laid down in Article L. 223-1.
" II. -He is also informed of the existence of automated treatment of withdrawals and reconstructions of points and of the possibility for him to access the information concerning him. These particulars appear on the document submitted to it or addressed by the Enforcement Service. The right of access to the above mentioned information shall be exercised under the conditions laid down in Articles L. 225-1 to L. 225-9.
" III. -Where the Minister of the Interior finds that the reality of an infringement involving the withdrawal of points is established in accordance with the conditions laid down in the fourth paragraph of Article L. 223-1, it accordingly reduces the number of points allocated to the Permit to lead the offender and inform the offender by simple letter. The Minister of the Interior shall note and notify the person concerned, under the same conditions, of the reconstructions of points obtained pursuant to paragraphs 1 and 3 of Article L. 223-6
IV. -Where the number of points is null, the prefect of the département or the competent authority of the territory or the overseas territorial community, the place of residence, requires the person concerned, by registered letter, to return his driving title Within one week of receipt of this letter.
" Art. R. 223-4. -I.-Where the driver of the driver's licence has committed, during the probationary period laid down in Article L. 223-1, an offence which gave rise to the withdrawal of at least three points, the notification of the withdrawal of points shall be sent to him by Registered letter with a request for notification of receipt. This letter informs him of the obligation to submit to the specific training referred to in the second subparagraph of Article L. 223-6 within four months.
" II. -The failure to submit to the specific training referred to in the I within the four-month period shall be punishable by the fine for the tickets of the 4th class
III. -Any person who is guilty of this offence shall also face the additional penalty of suspension, for a period of up to three years, of the driving licence, which may be limited to driving outside the professional activity. "
V.-In Chapter III of Title II of Book II of the Regulatory part of the Highway Code, articles R. 223-5 to R. 223-14 are a section II entitled: Internships ".
VI. -Article R. 223-5 of the Highway Traffic Act is amended as follows:
The first paragraph is one I and the second is an II. At the I, the word: Second " Is replaced by the word: " Second " And at the end of the paragraph is added the word: " Consecutive ".
VII. -The I and II of Article R. 223-8 of the Highway Code are replaced by the following provisions:
" I.-The person in charge of a specific training, who is the holder of the authorisation provided for in Article R. 223-5, shall, at the end of Article R. 223-5, issue an attestation of traineeship to any person who has followed it in full. This certificate shall be transmitted to the representative of the State in the department of the place of traineeship, or to the competent authority of the overseas community, within 15 days of the completion of such training
II. -The grant of the probationary period gives the recovery of four points within the limit of the ceiling on the driving licence of the holder. A re-enactment of points, after specific training, is only possible after a period of two years. The issue of the road safety awareness training carried out in the framework of the provisions of Article 131-35-1 of the Criminal Code is not entitled to recovery of points. "
VIII. -Section R. 223-14 of the Highway Code is repealed.
IX. -The title of Chapter IV of Title II of Book II of the Regulation of the code of the road is replaced by the following title: Prohibition of issue, retention, suspension, cancellation, invalidation ".
X. -The title of Section II of Chapter IV of Title II of Book II of the Regulation of the code of the road is replaced by the following title: Prohibition of the grant, suspension and judicial annulment, invalidation ".
XI. -Article R. 224-20 of the road code is replaced by the following:
" Art. R. 224-20. -Any driver whose driver's licence has lost its validity under Article L. 223-1 or has been cancelled following a conviction for an offence under this Code or by articles 221-6-1, 222-19-1 or 222-20-1 of the Code And applying for a new permit shall be re-tested in accordance with R. 221-3.
" However, for drivers holding a driver's licence for three years or more at the date of the loss of validity of the permit or on the date of cancellation, and to which it is prohibited to apply for a new licence for a shorter period of time One year, the practical test is deleted subject to the application of a new permit less than three months after the date on which they are authorized to do so. "
XII. -Article R. 413-5 of the Highway Code is amended as follows:
In the I, the words: " Drivers and drivers who have been licensed for less than two years are required to " Are replaced by the words: " Every driver and, during the probationary period laid down in Article L. 223-1, any driver who holds the driving licence shall be held ".
The II shall be repealed.
The III shall become the II and shall be inserted after the word:" Stopped ", the word:" Spouse ".
IV becomes III.
XIII. -The III of Article R. 413-14 of the Highway Code is replaced by the following:
III. -Any contravention provided for in this Article shall give rise to a reduction in the number of driving licences under the following conditions:
" 1 ° In case of exceedance of the maximum permitted speed of 40 km/h or more, reduction of four points;
" 2 ° In case of exceedance of the maximum permitted speed between 30 km/h and less than 40 km/h, reduction of three points;
" 3 ° In case of exceedance of the maximum permitted speed between 20 km/h and less than 30 km/h, reduction of two points;
" 4 ° In case of exceedance of the maximum allowed speed of less than 20 km/h, reduction of one point. "
I. -In Article R. 212-4 of the code of the road, the words: (art. 221-6) " Are replaced by the words: " (art. 221-6-1) " And the words: " 222-19 and 222-20 " With the words: " 222-19-1 and 222-20-1 ".
The VI of the same item is amended as follows:
In the second paragraph, after the words:" Proof of alcoholic status, " Are inserted the words: " Conduct after use of narcotic drugs, refusal to submit to verification to prove the use of narcotic drugs, " And after the words: " L. 234-8, " The words: " L. 235-1, L. 235-3, " ;
In the fifth paragraph, after the words: " Driving a vehicle despite the retention, " Are inserted the words: " Invalidation, " And after the words: " L. 221-2, " The words: " L. 223-5 " ;
Two sub-paragraphs are added as follows:
" -offences relating to the marketing of devices intended to increase the power of the motor of a moped (art. L. 317-5 to L. 317-8);
" -offences relating to the marketing of devices intended to detect the presence or to disrupt the operation of systems for the recognition of traffic offences (Art. L. 413-2 to L. 413-5). "
II. -In Article R. 221-1 of the code of the road, the words: Or after receiving the injunction provided for in Article L. 223-5 " Are deleted.
III. -Section R. 317-29 of the Highway Traffic Act is
. -Article R. 322-16 of the code of the road is repealed.
V.-In the first paragraph of Article R. 322-18 of the Highway 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
. -Article R. 413-15 of the Highway Code is replaced by the following:
" Art. R. 413-15. -I.-The possession or transport of a device, device or product of a nature or presented as being of such a nature as to detect the presence or disrupt the operation of apparatus, instruments or systems for the recognition of offences To the legislation or the regulation of road traffic or to permit the avoidance of the finding of such offences shall be punishable by the fine for the tickets of the fifth class
The use of a device, device or product of the same nature is punishable by the same
. II. -This device, device or product is seized. When the device, device or product is placed, adapted or applied to a vehicle, this vehicle may also be seized.
" III. -Any person guilty of the offence provided for in this Article shall also be liable to the following additional
: 1 ° The additional penalty of suspension, for a period of not more than three years, of the driving licence, that suspension may be limited to driving outside the professional activity;
" 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 shall give rise to the confiscation of the device which has served or was intended to commit the
. IV. -This contravention gives rise to the right to the reduction of two points in the driver's licence. "
I. -Article R. 234-1 of the Highway Traffic Act is amended as follows:
The first, second, third, fourth and fifth paragraphs are respectively one I, one II, one III, one IV and one V; and
In IV the word: " Three " Is replaced by the word: " Six ".
II. -Section R. 412-7 of the Highway Code is amended as follows:
The first paragraph is an I;
The second paragraph is replaced by the following:
" II. -Where, on the carriageway, a traffic lane reserved for certain categories of vehicles is materialised, drivers of other categories of vehicles shall not move on that road.
III. -The fact, for every driver, of driving his vehicle outside the carriageway or on a road reserved for other categories of vehicles shall be punishable by the fine provided for in the fourth class. "
III. -The 8 ° of the II of Article R. 417-10 of the Highway Code is
. -Section R. 417-11 of the Highway Code is amended as follows:
I and II are replaced by the following:
" I.-Also considered to be obstructing any stop or parking:
" 1 ° of a vehicle on roads, tracks, tracks, strips, sidewalks or shoulders reserved for the movement of public passenger transport vehicles, taxis or priority general interest vehicles;
" 2 ° of a vehicle or a combination of vehicles of more than 20 square metres of maximum area in tourist areas defined by the Appointing Authority;
" 3 ° of a vehicle on the vehicles reserved for vehicles bearing a Community model parking card for disabled persons, or an invalid macaron of war (GIG) or large civil invalid (GIC). "
The III becomes the II and the IV becomes the III.
I. -The provisions of R. 212-2, R. 223-1, R. 223-4, R. 223-8 and R. 413-5 of the Highway Code of this Order come into force on March 1, 2004.
II. -For driving licences issued before that date, the provisions of Article R. 413-5 of the road code shall apply in their drafting prior to this Decree.
The aforementioned decree of 17 August 1995 implementing Act No. 95-66 of 20 January 1995 on access to driver activity and the taxi profession is thus amended:
I.-The last paragraph of Article 7, Article 13 and Article 14 shall be
. -Article 11 (2) is replaced by the following:
" 2 ° Occupational card validated for five years when the holder of the authorisation who exploits it personally is less than sixty years old, for two years if he is between sixty and sixty-16 years and for a year beyond Seventy-six years, or proof of exploitation by an employee or a tenant. "
The provisions of III to V of Article 1, Article 2, III of Article 3 and Articles 4 to 8 of this Decree shall apply to Mayotte.
The Minister of Interior, Internal Security and Local Freedoms, the Minister of Justice, the Minister of Defence, the Minister of the Economy, the Minister of Justice, the Minister of Justice Finance and Industry, the Minister of Equipment, Transport, Housing, Tourism and the Sea, the Minister for Overseas Affairs and the Minister Delegate to the Budget and Budget Reform are each responsible for The execution of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, 11 July 2003.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of Equipment, Transport,
for Housing, Tourism and the Sea,
Gilles de Robien
The Minister of the Interior,
of Internal Security
and freedoms Locales,
Nicolas Sarkozy
The Seals Guard, Minister of Justice,
Dominique Perben
The Minister of Defence,
Michèle Alliot-Marie
The Minister of the Economy,
Finance and Industry,
Francis Mer
The Minister From overseas,
Brigitte Girardin
Associate Minister for Budget
and Budget Reform,
Alain Lambert
