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Confiscation of the vehicle: even without being guilty of an offence!


Jean-Christophe MARMARA/Le Figaro

RIGHT OF THE USER – According to the law, the confiscation of a vehicle does not necessarily suppose that the author of the facts is the owner of the vehicle.

The Highway Code provides for the judicial confiscation of the vehicle belonging to a road user when he is the perpetrator of an offense (alcohol, use of narcotics or speeding). But the law also allows in certain cases the confiscation of the vehicle, object of the offence, even if the author of the facts is not the owner.

The judges thus authorized the confiscation of the vehicle used to commit the offense when it was the property of a company whose manager was none other than the convicted person. It was admitted in this case that this company was not a bona fide owner since the manager was in fact the only user of the vehicle.

Until recently, the confiscation of the vehicle could also be ordered against an owner who knew of his friend’s dangerous behavior on the road.

His bad faith, like his lies to the investigators to protect his friend, will have cost him his vehicle.

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