Tag: User’s right

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Prefectural suspension of the permit: should the registered letter be accepted?


Philippe Devanne/philippe Devanne – stock.adobe.com

RIGHT OF THE USER – By not going to retrieve the registered letter containing the order suspending the driving license following a violation of the highway code, can one continue to drive legally?

By refusing to retrieve the registered letter containing the driver’s license suspension order, could the offender continue to drive legally? It’s time to finally put an end to this nonsense for the following reasons:

1. The absence of receipt of the registered letter will not easily allow the offender to know the period of suspension of your driving licence;

2. The offender will encounter the worst difficulties in formalizing his administrative procedures to recover the driving license which require the production of the suspension order to the authorities;

3. In the absence of a suspension order, he cannot take any legal action to request the suspension of the prefectural decision;

4. And above all, it has already been judged that the absence of receipt of the registered letter still constitutes notification of the suspension decision. The Court of Cassation has in fact ruled that the motorist who refuses the registered letter or who does not collect it from the Post Office within the time limit (15 days) is considered to be covered by the measure on the day of presentation of the letter by the postman (Court of Cassation, June 4, 2013, appeal no. 12-86877). He therefore commits an offense by driving despite the suspension of his driving license even though he claims not to have received the mail.

The policy of the ostrich is therefore useless and the “miracle solutions” do not exist!

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Auto

Traffic light: orange is not red


307447055/franconiaphoto – stock.adobe.com

RIGHT OF THE USER – Verbalized for the non-observance of a red light that you have yet seen orange, know that the grounds for contesting are limited but can however save your driving license points.

If running a red light will cost the motorist a loss of 4 points and a fine of 135 euros, going through an orange light is less severely sanctioned.

The user is only liable to a fine of 35 euros but without loss of points.

In the same way, if you show that you have been blocked at the crossroads and you find yourself in spite of yourself with the red light in your back, you only incur a fine of 135 euros. For having entered a congested crossroads, you escape the loss of points.

In addition to the questions of regularity of the PV (including the precision of the place of the offense), you will have to demonstrate, with supporting witnesses or video in particular (on-board camera), that the police findings are erroneous.

Your driving license points may also depend on your pugnacity.

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Auto

Towards fully dematerialized PVs in 2023?


François BOUCHON/Le Figaro

RIGHT OF THE USER – The Minister of Justice announces the general implementation of fixed fines in electronic version for all contraventions.

For several years, some offenders have received by email the notice of violation noting their violation of the Highway Code.

These electronic fine notices otherwise known as “e-ACO” will become widespread during the year 2023.

In practice, the offender receives an electronic message specifying that he is the recipient of a notice of contravention and that to consult it, he must, after having given his agreement to receive the document in electronic version, click on a link to the official site of the ANTAI (National Agency for the automated processing of offences).

The e-mail address used by the public authorities is the one collected when the vehicle is registered or the one given to the police in the event of a verbalization with interception.

Several difficulties nevertheless remain to be resolved, including the user’s refusal to communicate his or her contact details or to have to manage the change of the citizen’s e-mail address during the procedure.

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Auto

End of year celebrations and drunk driving


236678310/Alfons Photographer – stock.adobe.com

RIGHT OF THE USER – The excessive consumption of alcohol while driving often invites itself with the end of year celebrations. In case of verbalization, it is preferable to know your rights well to protect yourself from too heavy penalties.

1. Do I have the right to refuse to blow into the breathalyzer?

This device allows you to determine your positivity or not to alcohol. You have every right to refuse this control. However, you are committing an offense by refusing to blow into the breathalyzer, which is the device that will determine the precise level of alcohol.

2. Can I ask to choose the control mode?

Absolutely not. You cannot choose between blowing into the device or taking a blood sample. It is the verbalizing agent who determines the mode of control.

3. Can I request a second check?

Indeed, you are entitled to request a second breath in the device or a counter-analysis of the blood test within 5 days of notification of the result.

4. Does the control device have to be identified?

Yes. All information allowing the identification of the device must appear in the procedure (brand, model, date of commissioning, date of annual verification, etc.).

5. Should the agent apply a margin of error?

There are maximum error margins which are applied during the control (- 0.032 mg/l for levels below 0.400 mg/l and – 8% of the measured value for concentrations equal to or above 0.400 mg/l).

Failing compliance with these rules, the procedure is not regular.

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Auto

Winter tires: what regulations?


233046669/candy1812 – stock.adobe.com

RIGHT OF THE USER – In mountainous areas, the Highway Code now makes it compulsory to fit winter or all-season tyres, chains or snow socks, from November 1 to March 31. What are the penalties and risks incurred in the event of non-compliance with the regulations?

Each year with the introduction of the Mountain Law, the prefects of the 48 departments located in mountain ranges draw up the list of municipalities in which vehicle equipment becomes compulsory in the winter period.

Users must have metal snow chains or snow socks to equip at least two drive wheels or be equipped with 4 winter tires.

This obligation does not apply to vehicles fitted with studded tyres.

Otherwise, motorists risk a fine of 135 euros and the immobilization of their vehicle.

In the event of an accident, if the loss is related to traffic conditions and you have not fitted winter tyres, the insurer could reduce or even exclude your right to compensation.

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Auto

How to dispute a post-parking forfeit


François BOUCHON/Le Figaro

RIGHT OF THE USER – Since January 1, 2018, the penal fine linked to paid parking at 17 euros has disappeared and given way to the public domain occupation fee called the “Post Parking Package” (FPS).

Here is an anthology of arguments validated by the judges of the Litigation and Parking Commission (CCSP) that can be validly put forward by the user verbalized by a post-parking package (FPS).

•I am not informed of the tariff scale: the parking meter must indeed indicate the days and time slots to which the FPS applies (CCSP, March 5, 2019 n°18006088).

•I was unable to identify the paid parking space: absence of signage for road spaces with the mention “PAYING” subject to payment of the parking fee (absence of vertical or horizontal signage; markings on the ground or both). You will have to prove, by any means, the absence of signage or the non-compliant nature of it (CCSP, December 11, 2018, n°1800139).

• I am stopped and not parked: the limited immobilization of the vehicle at the wheel of which the driver is driving to allow the passenger to get off does not constitute parking subject to FPS (CCSP of January 29, 2019 n°18001686).

•I was unable to pay due to the impossibility of paying the fee in cash or by a bank card payment system or both (CCSP, January 29, 2019, n° 18003691). In the event of malfunctions of the terminal, I must demonstrate that there was no other fixed terminal in working order located at a reasonable distance (CCSP, June 30, 2020, n°19108217).

•The place of the offense is imprecise: the notice of payment of an FPS does not include a precise indication of the place of observation of the absence or insufficiency of payment. The occupant cannot therefore be sure that the occupation of the site was indeed subject to the payment of a fee (CCSP 27 November 2018, n°18000084).

• The error: I entered the vehicle’s license plate incorrectly at the parking meter but I can prove that I paid (CCSP, April 28, 2020, n° 19012745).

• No space subject to parking: the space on which the vehicle was parked is not a parking space (CCSP, December 1, 2020, n°19040688).

• Impersonation: the license plate of the vehicle was usurped by a third party (CCSP, September 6, 2019, n° 18011286). The owner can establish that his vehicle could not be at the location indicated (CCSP, September 18, 2019, n° 18008499).

•Theft or breach of trust: If the holder of the registration certificate provides proof that his vehicle was stolen from him (complaint) before the date of issue of the FPS, he may be released from payment of the parking fee (CCSP , April 16, 2021, No. 19100564).

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Auto

Traffic violation: never confess


By Remy Josseaume

Posted , Update

/morane – stock.adobe.com

RIGHT OF THE USER – Good faith does not pay when it comes to traffic violations. The user, who has not been arrested and who is not identified, exposes himself to heavier penalties than if he denies in bad faith having committed the offence.

In the case of an offense detected by an automated radar, the photographic snapshot taken at the time of the offense almost never makes it possible to identify the driver. This is also the case in terms of verbalization by video verbalization or verbalization on the fly.

The owner of the summoned vehicle can in good or bad faith deny being the perpetrator of the offense and no text requires him to designate himself or designate the real driver.

Be aware that anyone who admits having committed the offense without having been arrested will be more severely punished than one who dishonestly denies having committed the same facts.

As proof, in terms of excessive speeding, the author of the facts who admitted them is liable to a fine of 1500 euros, a loss of 6 points, a 3-year suspension of his driving license and a confiscation of his vehicle.

Anyone who denies them in bad faith and puts forward his dishonesty only exposes himself to the payment of a fine of 1500 euros without being criminally condemned.

Judges are not concerned with the effort of loyalty of the offender.

Remember that honesty does not pay when it comes to traffic offenses…Let’s hear it.

SEE ALSO – A lawyer answers: Contesting a fine, what are the risks involved?

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Auto

The risks of carpooling


By Remy Josseaume

Posted , Update

Andrey Popov/Andrey Popov – stock.adobe.com

RIGHT OF THE USER – While carpooling has become a generally user-friendly mode of travel, it is not without risk for the driver.

Carpooling is the joint use of a motor vehicle by several people and for which financial exchanges are limited to the sharing of costs (petrol, tolls). Outside this framework, you will be prosecuted for violation of the regulations on the transport of people.

You do not have to take out additional insurance since civil liability insurance is sufficient for carpooling, but beware it does not cover all situations.

You do not risk any prosecution in the event of an offense related to the transport of luggage whose content is illegal or of a person in an irregular situation since you had no knowledge of it.

You will also not be liable if adult passengers do not fasten their seat belts, but you will be liable for a fine per unfastened passenger if they are minors.

Finally, if you use a company vehicle to carpool, it is imperative to obtain the prior agreement of the employer. Otherwise, he could incur sanctions or even dismissal.

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Auto

Can you back up in a no-way lane?


By Remy Josseaume

Posted , Update

Fedorovekb/Shutterstock / Fedorovekb

RIGHT OF THE USER – Contrary to popular belief, the user commits a criminal offense when he backs up in a wrong-way lane.

How many motorists have already reversed in a one-way lane to take a parking space more quickly?

Contrary to popular belief, the user is committing a criminal offence.

Indeed, the law punishes the fact of driving in the wrong direction with a fine of 135 euros and a loss of 4 points on the driving license.

A suspension of the driver’s license for 3 years is also incurred.

The courts have thus ruled that since the law does not specify the direction of travel of the offending vehicle (forward or reverse), a motorist who is reversing in a lane in the wrong direction commits the offense of driving in the wrong direction. forbidden even if he is backing up along the sidewalk to take up a nearby parking space.

Furthermore, the fact of driving in the wrong direction, even in reverse, constitutes an aggravating circumstance in the event of a material or bodily injury.

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Categories
Auto

Cracked windshield: what does the law provide?


By Remy Josseaume

Posted , Update

277663892/rai – stock.adobe.com

RIGHT OF THE USER – Driving with an impacted or cracked windshield can lead to criminal and civil consequences. Its change is also not without consequences in terms of insurance.

In criminal terms, the road user is liable to a fine of 68 euros if his field of forward visibility is not sufficient for him to be able to drive safely. This will therefore be the case in the event of a crack or significant impact of the windshield.

In terms of technical inspection, a crack in the windscreen in the area of ​​visibility (area where the wiper blades pass) or an impact exceeding a diameter of 3 cm constitute a major failure, implying the obligation of a inspection of the vehicle.

Finally, in terms of insurance, windshield repairs are not without consequences despite the advertisements of repair professionals.

Indeed, if windshield damage has no impact on the annual calculation of the bonus-malus coefficient, it remains recorded on your information statement and an insurer can perfectly terminate your contract due to excessive loss or increase the insurance premium or the glass breakage deductible.

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