While the Council of State ruled in mid-May that the technical control of two-wheelers over 125 cm3 should be put in place on October 1 in France, the government replies that an additional period would be appropriate.
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As a reminder, faced with the obligation made by Europe to impose this new measure no later than January 1, 2022, France is already late.
A decree was published last August indicating that this constraint would come into force on January 1, 2023, even if this deviated from the European calendar.
But faced with the revolt of biker associations, the Ministry of Transport had announced the suspension of this measure, until further notice, arguing that
"it is not the priority of the ministry"
.
This same ministry then announced the implementation of alternative measures to meet the objectives targeted by the technical control, but no decree listing these measures has been published.
This is what the Council of State criticized the government for, considering that it is now time for the French government to respect European law.
In a "
defense brief
", which
Le Parisien
was able to consult, sent on June 1 to the litigation section of the Council of State, the director of legal affairs of the Ministry of Ecological Transition justifies the government's wish not to adopt this measure, for now.
Alternative measures
“
It is permitted to derogate from this obligation when the Member State has put in place alternative road safety measures
” allowing the mortality of two-wheelers to be reduced, he writes while affirming that the government has notified the European Commission , in December 2021, a series of provisions in this direction.
The letter cites, by way of example, a new theoretical test for the motorcycle license which "
insists particularly on the maintenance of the vehicle, the checkpoints to be carried out regularly and the risks of accidents incurred in the event of poor maintenance
".
Among this series of provisions, the new obligation to wear gloves for motorcyclists, experimentation with sound radars making it possible to verbalize the noisiest two-wheelers and the establishment of new, more drastic standards in terms of polluting emissions are also cited in this eight-page letter.
“
France is not the only country concerned by the implementation of alternative measures to technical control.
Finland, Ireland and the Netherlands have thus indicated that they have no intention of introducing technical control and are sticking to alternative measures, which are quite similar to those adopted in France
", argues the top official.
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The director of legal affairs of the Ministry of Ecological Transition highlights that a few additional months are necessary before the application of this measure.
"
An entry into force on January 1, 2023 of the contested decree would make it fully effective by leaving the time necessary for the various technical control centers to train and adapt to the new regulations
", he says.