Key Benefits:
Public officials concerned: vigilant and professional (magistrates, gendarmes, police).
Subject: modalities for the implementation of the prohibition of driving a vehicle that does not include an electronic ethylotest anti-dism device.
Entry into force: the text comes into force on the day after its publication.
Notice: This decree specifies the practical modalities for the implementation of the prohibition of driving a vehicle that does not include an electronic ethylotest anti-idemarting device, which was created by the Guidance and Programming Law for the Performance of Internal Security of March 14, 2011, as a supplemental penalty and as a measure of criminal composition, against the perpetrators of alcoholic or manifestly drunken driving offences and the offences of alcohol
This device requires the driver to use the electronic ethylotest before they can start their vehicle; The startup cannot take place if ethyotest highlights an alcoholic state.
The Order provides that the person who has been subject to this prohibition imposed by the judicial authority will be given a certificate instead of his or her driver's license, stating that he or she cannot drive a vehicle not equipped with such a device.
The certificate must be submitted in case of inspection. The driver shall be returned if, as a result of new offences, the driver loses all the points of his licence.
The decree created a contravention punishable by a fine of 1,500 euros and several additional penalties, such as the confiscation of the vehicle, against persons who would fraudulently use the device in order to start the vehicle despite an alcoholic state. These penalties will also apply to accomplices of this offence, for example to the passenger who would use ethyotest instead of the driver.
References: the texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice and Freedoms,
Vu le Criminal codearticles 132-11, 221-8, 222-44, R. 131-4 and R. 610-1;
Vu le Code of Criminal Procedureincluding articles 41-2 and R. 15-33-53;
Vu le road codeincluding articles L. 223-5, L. 234-2, L. 234-16, L. 234-17, L. 235-1, L. 325-1 to L. 325-3, R. 243-1, R. 244-1 and R. 245-1;
Considering the opinion of the permanent interdepartmental road safety group of 27 April 2011;
The State Council (inland section) heard,
Decrete:
The Penal Code is thus amended:
1° The title of paragraph 2 of subsection 1 of section 1 of chapter I, title II, of Book I is supplemented by the words: "or vehicles not equipped with an electronic anti-starting ethylotest";
2° After article R. 131-4, an article R. 131-4-1 is inserted as follows:
"Art. R. 131-4-1.-When the prohibition penalty is imposed on a vehicle that is not equipped by an approved professional or by the construction of an electronic ethylotest-approved device, the provisions of section R. 131-4 are applicable, with the exception of the 4°.
"The certificate given to the convicted person mentions that he is only allowed to drive a vehicle equipped with the device provided for in the first paragraph. He states that, when the person is driving a vehicle, he must be able to present, at any requisition of the public authority, the documents referred to in the 5° of article R. 233-1 of the road code.
"The certificate contains a reminder of the provisions of articles L. 234-16 and R. 234-5 of the same code.
"When the penalty referred to in the first paragraph is pronounced at the same time as that of the cancellation or suspension of the driver's licence, the certificate shall be given to the person only after the execution of the driver's licence. »
The Code of Criminal Procedure is amended as follows:
1° After article R. 15-33-41, an article R. 15-33-41-1 is inserted as follows:
"Art. R. 15-33-41-1.-The obligation under section 41-2, paragraph 4 bis, to follow a rehabilitation and awareness-raising program with the installation at its expense of an anti-start ethylotest on its vehicle for a minimum period of six months and not more than three years, carries the following two obligations:
« 1° Follow a road safety awareness course;
« 2° Rationale that its vehicle is equipped by an approved professional or by construction of an electronic ethylotest anti-drive device approved in accordance with theArticle L. 234-17 of the road code. This obligation entails the commitment of the person not to drive during the fixed period of other vehicles not equipped with this device.
"The public prosecutor may only propose to the person the measure provided for in 2° above. » ;
2° In the second paragraph of article R. 15-33-53, the words: "this receipt" are replaced by the words: "it is given to the interested person, in exchange for his permit, a certificate that" and, in the third paragraph of the same article, the word "received", is replaced by the word "certificate";
3° After the article R. 15-33-53, an article R. 15-33-53-1 is inserted as follows:
"Art. R. 15-33-53-1.-Where the criminal composition is to the extent provided for by 4° bis of section 41-2, the person concerned shall issue his or her driver's license, within the specified time limit, either to the court of large instance or to the person designated by the prosecutor of the Republic, to hand the document back to the court. In exchange for its permit, the person concerned shall be given a certificate established in accordance with the first two paragraphs of Article R. 131-4-1 of the Criminal Code, with references to the court decision provided for in Article R. 131-4 of the Criminal Code being replaced by references to the decision to validate the criminal composition.
"The provisions of the last paragraph of Article R. 15-33-53 are applicable. »
The III of section R. 223-3 of the road code is supplemented by a paragraph as follows:
"If it had been given to the person a certificate in exchange for the driver's licence, in accordance with the Articles R. 131-2, R. 131-4 or R. 131-4-1 of the Criminal Code or articles R. 15-33-53 or R. 15-33-53-1 of the Code of Criminal Procedure, this person is required to hand this certificate to the prefect. The driver ' s licence held by the Registry of the Court of Grand Instance pursuant to the same provisions shall be handed over to the prefect by the Registry. »
Article I R. 233-1 of the road code is supplemented by a 5° as follows:
« 5° Documents certifying the vehicle equipment of an electronic ethylotest anti-dism device and the verification of its operation, when the driver:
“(a) Has been sentenced to a ban on driving a vehicle that is not equipped by an approved professional or by construction of such a device; or
“(b) Is subject to the requirement to 4° bis of Article 41-2 of the Code of Criminal Procedure. »
After the article R. 234-4 of the road code, an article R. 234-5 is inserted as follows:
"Art. R. 234-5.-I. ― A person who has been sentenced to the prohibition penalty for driving a vehicle that is not equipped by an approved professional or by construction of an approved anti-idemarting device by electronic ethylotest shall be punished by the fine provided for in the contraventions of the fifth class. The person shall be punished by the fine provided for the purpose of driving a vehicle equipped with such a device after it has been used by a third party to allow the start-up, either after having neutralized or
"The provisions of the preceding paragraph are also applicable where the facts have been committed by a person who has agreed to execute as a criminal composition the measure provided for in 4° bis of Article 41-2 of the Code of Criminal Procedure provided that the criminal composition has been validated under the conditions provided for in this article.
“II. ― The fact, by any person, of knowingly facilitating, by aid or assistance, the preparation or consumption of the contravention provided for in I shall be punished by the same penalty.
"III. ∙ Persons guilty of the contraventions provided for in this section shall also be liable to the following additional penalties:
« 1° The suspension of the driver's licence for a period of not more than three years, such suspension may not be limited to driving outside of professional activity, or be accompanied by a stay, even partially;
« 2° The prohibition of driving certain land-based motor vehicles, including those for which the driver's licence is not required, for a maximum of three years;
« 3° The obligation to carry out, at its own expense, an awareness training course on road safety;
« 4° The confiscation of the vehicle that the defendant used to commit the offence, if he owns it.
"IV. ― Recidivism of contraventions under this section is repressed in accordance withArticle 132-11 of the Criminal Code.
"V. ― These contraventions give the right to a reduction of six points in the driver's licence.
"VI. - The immobilization of the vehicle may be prescribed under the conditions set out in sections L. 325-1 to L. 325-3. »
I. ― The provisions of Articles 1 and 2 of this Decree are applicable in New Caledonia, French Polynesia and the Wallis and Futuna Islands.
II. ― The road code is modified as follows:
1° In the first paragraph of articles R. 243-1, R. 244-1 and R. 245-1, the words "and R. 234-4" are replaced by the words ", R. 234-4 and R. 234-5";
2° Articles R. 243-1, R. 244-1 and R. 245-1 are supplemented by the following:
"Art. R. 234-5.-I. ― A person who has been sentenced to the prohibition penalty for driving a vehicle that is not equipped by an approved professional or by construction of an approved anti-idemarting device by electronic ethylotest shall be punished by the fine provided for in the contraventions of the fifth class. The person shall be punished by the fine provided for the purpose of driving a vehicle equipped with such a device after it has been used by a third party to allow the start-up, either after having neutralized or
"The provisions of the preceding paragraph are also applicable where the facts have been committed by a person who has agreed to execute as a criminal composition the measure provided for in 4° bis of Article 41-2 of the Code of Criminal Procedure provided that the criminal composition has been validated under the conditions provided for in this article.
“II. ― The fact, by any person, of knowingly facilitating, by aid or assistance, the preparation or consumption of the contravention provided for in I shall be punished by the same penalty.
"III. ∙ Persons guilty of the contraventions provided for in this section shall also be liable to the following additional penalties:
« 1° The suspension of the driver's licence for a period of not more than three years, such suspension may not be limited to driving outside of professional activity, or be accompanied by a stay, even partially;
« 2° The prohibition of driving certain land-based motor vehicles, including those for which the driver's licence is not required, for a maximum of three years;
« 3° The obligation to carry out, at its own expense, an awareness training course on road safety;
« 4° The confiscation of the vehicle that the defendant used to commit the offence, if he owns it.
"IV. ― Recidivism of contraventions under this section is repressed in accordance withArticle 132-11 of the Criminal Code.
"V. ― Vehicle immobilization may be prescribed under the conditions set out in sections L. 325-1 to L. 325-3. »
The Minister of Ecology, Sustainable Development, Transport and Housing, the Guard of Seals, Minister of Justice and Freedoms, and the Minister of the Interior, Overseas, Local Authorities and Immigration are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 5 September 2011.
François Fillon
By the Prime Minister:
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
