Key Benefits:
Publics concerned: road transport companies, highway concession companies or art works and toll collectors.
Subject: definition of toll modulation criteria for road transport vehicles; conditions for the application of toll due to these vehicles when they are not equipped with on-board toll identification and perception equipment.
Entry into force: the decree comes into force on the day after its publication.
With respect to public service delegation contracts mentioned in theArticle L. 122-4 of the Road Traffic Code, it applies:
- renewal of existing contracts;
– to new contracts for which consultation is undertaken from April 1, 2012.
Notice: the decree, implemented Articles L. 119-9 and L. 119-10 of the Road Traffic Code, determines the procedure for establishing toll due to passenger vehicles by road. As such, it provides that the toll is modulated according to the EURO emission class of the vehicle, as defined in Annex 0 of Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the taxation of heavyweights for the use of certain infrastructures, as defined by the emission level of greenhouse gases. The decree also provides for the modulation of tolls according to the time of day, date and day of week.
In addition, for vehicles not equipped with equipment for the identification and collection of on-board tolls, the decree determines how the carrier can justify the EURO class of its vehicle or obtain the refund of the toll overpayment when, having not been able to justify the EURO class of its vehicle, it was taxed by default to the EURO class at the highest rate.
References: the decree is taken for the application of theArticle 60 of Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment. The road traffic code, in its drafting modified by the decree, can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the Minister's report to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transportation,
Considering Directive 1999/62/EC of the European Parliament and the Council of 17 June 1999 on the taxation of heavyweights for the use of certain infrastructures, including its annex 0, as amended by Directive 2006/38/EC of the European Parliament and the Council of 17 May 2006 and Directive 2006/103/EC of the Council of 20 November 2006;
Vu le road traffic codeincluding articles L. 119-9 to L. 119-10, L. 122-4 and L. 153-1;
The State Council (section of public works) heard,
Decrete:
It is inserted in chapter X of title I of the regulatory part of the road traffic code a section 3 entitled: "Pages applicable to road passenger vehicles" as follows:
Art. R. * 119-34. -The tolls applicable to road passenger vehicles are modulated according to the EURO emission class of the vehicle, as defined in Annex 0 of Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the taxation of heavy weights for the use of certain infrastructures. The toll modulated to pay cannot be more than 100% higher than the toll applied to the equivalent vehicles that meet the strictest emission standards.
"The tolls applicable to road passenger vehicles may also be modified according to the time of day, date and day of week. The adjusted toll to be paid shall not be more than 100% higher than that provided for in the period with the lowest rate. If the latter period is granted a tariff exemption, corresponding to a total gratuity, the maximum rate of change for the period at the highest rate does not exceed 50% of the amount of the toll normally applicable to the vehicle in question.
"The structure of these different modulations is reviewed annually and the resulting modifications are implemented the following year.
"These provisions apply as soon as the public service delegation contracts referred to in Article L. 122-4 are renewed. They do not apply to initial contracts for which consultation was initiated before April 1, 2012.
"Art. R. * 119-35. - Vehicles for the carriage of persons by road not equipped with on-board equipment for the identification and collection of toll recognized by the toll collector shall pay the modified toll rate corresponding to the EURO class at the highest rate in effect for the actual journey, unless the driver may produce a proof of the EURO class of the vehicle.
"Art. R. * 119-36.-Where the modified toll rate corresponding to the EURO class at the highest applicable fare for the actual trip has been applied in the absence of supporting documentation, the refund of the overpayment corresponding to the difference between the EURO class fare of the vehicle and the actual fare paid may be requested, on the production of supporting documents, to the toll collector. An order by the Minister responsible for the national road map specifies the list of evidence required for the reimbursement of the overpayment, as well as the terms and conditions of reimbursement.
"The toll collector may charge to the applicant the bank transaction fees for the refund referred to in the first paragraph.
"Art. R. * 119-37.-Each toll collector shall, by any appropriate means, inform users of its toll area of the provisions of articles R. * 119-34 to R. * 119-36. »
The Minister to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transport, is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on March 5, 2012.
François Fillon
By the Prime Minister, Minister of Ecology,
sustainable development, transport and housing:
Minister to the Minister of Ecology,
Sustainable Development,
Transport and housing,
Transport Officer
Thierry Mariani
