New stage in the saga around the technical control of two-wheelers.
While the government announced on Tuesday the end of this obligation scheduled for January 2023, the Council of State gave its opinion this Wednesday on the timetable which had been drawn up by the executive for the implementation of this imperative, deeming it illegal.
Confirming, thus, its decision of last May.
Concretely, the European texts oblige the Member States to impose on motorized vehicles with two, three or four wheels “
with a cylinder capacity greater than 125cm
” from January 1, 2022, recalls the Council of State.
There remains an alternative solution: the capitals can prevent these machines from complying with these rules “
if, in return, they put in place and notify the European Commission of alternative road safety measures
”.
In France, the technical control of two-wheelers has been the subject of a long dispute.
In August 2021, the executive first imposed it by decree from January 1, 2023 for vehicles registered before January 1, 2016, and on staggered dates between 2024 and 2026 for vehicles registered after January 1, 2016 Only a few days later, faced with challenges from associations, the decree in question was suspended by the Minister of Transport, at the request of Emmanuel Macron.
But the executive's decisions were challenged by three associations, Respire, Ras le Scoot and Paris Sans Voiture, which had seized the Council of State, considering that the implementation schedule included risks for the populations and the public. 'environment.
At the same time, adds the judge in chambers, the government has not provided for "
alternative measures to exclude these vehicles from the obligation of control
", as provided for in European texts.
However, in the absence of these measures, the State could not set the date of January 1, 2023, later than that imposed by European rules: the decree setting the start date of the obligation of control to next year was therefore "
illegal
".
In addition, at the same time, the suspension of the decree is also open to criticism: "
As the execution of laws and the exercise of regulatory power fall under the Prime Minister, the Minister of Transport could not legally take such a decision
", concludes the judge. .
The decree suspending the
It remains to be seen how the council's decision impacts the government's decision to abolish technical control for two-wheelers.
On Twitter, the Ras le Scoot association welcomed the institution's decision, adding that it made Tuesday's repeal "
necessarily illegal
": it will be "
cancelled in turn by the Council of State seized today". today of a new request
", she judged.