A circular sent by the government to the prefects, dated January 15, defines the conditions under which the maximum speed on certain roads can be increased from 80 to 90 km / h.
Promulgated at the end of December, the Mobility Orientation Law (LOM) allows, at the request of the presidents of departmental councils, to derogate locally from the 80 km / h limit on two-way secondary roads without a central separator, adopted in 2018 Even before its adoption, at least 25 departments had announced their intention to return to 90 km / h part of the roads they manage.
Whenever they plan to return to 90 km / h, the departments must seek an advisory opinion from the Departmental Road Safety Commission chaired by the prefect and composed of representatives of the State, local elected representatives and associations.
Unfavorable opinion for sections with a transit stop
The representatives of the State within the CDSR will be able to approve the derogations on “each section of track” proposed under conditions which fixes the circular. These were part of the recommendations published last June by the committee of experts of the National Road Safety Council (CNSR).
The sections concerned must be "at least 10 km" and the prefects must "give a systematically unfavorable opinion" on those where there are "public transport stops", the circulation of agricultural machinery and residents, or who are "crossed by long-distance hiking trails or cycle routes" (medium or long distance cycle paths).
Although these elements are purely indicative, certain presidents of departmental councils which envisaged derogations (Alpes-Maritimes, Yvelines, Territoire de Belfort…) say to have given up seeing them.
In addition, specifies the circular, elected officials who wish to return to 90 km / h will have to transmit to the prefect a " draft motivated decree " and "based on an accident study (frequency of accidents on the section concerned Editor's note)".
"Recommendations, not a legal constraint"
“It is not a legal constraint. These are recommendations to explain under what conditions going back to 90 km / h does not present a major risk ”, had relativized in December the interministerial delegate for road safety, Emmanuel Barbe. “Departments can override. But it is also a political decision vis-à-vis the government, ”notes a source familiar with the matter.
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Édouard Philippe had warned in January 2019 that going back to 90 km / h, "these are decisions that are heavy and that we must assume in conscience". He had announced downward "historic" figures for road mortality (3,488 killed in 2018) after six months of 80 km / h.
The circular finally recalls that the departmental councils or town halls managing the roads concerned will have to finance and install the new signage themselves: the signs announcing the increase to 90 km / h at the start of each section and after each intersection, and those indicating the new maximum speed at the end of the section. The text underlines that the speed will not be raised without this sign.
The lowering of the speed limit to 80 km / h in July 2018 had triggered a revolt of motorists, bikers and elected officials against the state. She was one of the detonators of the "yellow vests" crisis that erupted a few months later.
