RIGHT OF THE USER – On the roads where the limitation is back to 90 km/h, all the radars have not yet been recalibrated. How to dispute an unjustified PV?
Since the mobility orientation law (LOM) offers the departments the possibility of returning to the speed limit, 45 departments have since decided to return to 90 km / h on their roads. But it may be that all radars are not yet recalibrated.
If you receive a report taking an account for a speed of 80 km/h while the section of the place of the verbalization has moved back to 90 km/h, it is in your interest to contest the report by requesting the application of the new standard.
Either the offense is no longer characterised, and the report will be dismissed, or the class of the offense changes and the penalties will be less severe.
What about PV in progress and not yet paid?
All ongoing procedures for reports drawn up on roads at 80 km/h must be the subject of a request to take into account the new regulations at 90 km/h.
According to the principle of retroactivity of the softer law, in this case of a more advantageous regulation for the motorist by the return of a speed to 90 km/h, the offender must request either the cancellation of the fine if his offense is then no longer constituted, or the downgrading of his offense for the same causes.
The courts will obviously have to rule on this point of law.