LexInter | June 23, 2002 | 0 Comments

ROAD VIOLENCE ACT

Article 1

It is inserted, after article 221-6 of the penal code, an article 221-6-1 as follows:

“Art. 221-6-1. – When the awkwardness, recklessness, inattention, negligence or breach of a legislative or regulatory obligation of safety or prudence provided for by article 221-6 is committed by the driver of a land motor vehicle, manslaughter is punishable by five years’ imprisonment and a fine of EUR 75,000.

“The penalties are increased to seven years’ imprisonment and a fine of EUR 100,000 when:

” 1 ° The driver has committed a manifestly deliberate violation of a particular obligation of safety or prudence provided for by law or other regulation than those mentioned below;

“2 ° The driver was in a state of manifest intoxication or was under the influence of an alcoholic state characterized by an alcohol concentration in the blood or in the exhaled air equal to or greater than the rates fixed by the legislative provisions or regulations of the highway code, or refused to submit to the checks provided for by this code and intended to establish the existence of an alcoholic state;

“3 ° It results from a blood test that the driver had used substances or plants classified as narcotics, or refused to submit to the checks provided for by the highway code intended to establish whether he was driving while having done so. Drug abuse ;

“4 ° The driver did not hold the driving license required by law or regulation or his license had been canceled, invalidated, suspended or retained;

“5 ° The driver has exceeded the maximum authorized speed equal to or greater than 50 km / h;

“6 ° The driver, knowing that he has just caused or caused an accident, did not stop and thus tried to escape the criminal or civil liability that he may incur.

“The penalties are increased to ten years’ imprisonment and a fine of EUR 150,000 when the manslaughter was committed with two or more of the circumstances mentioned in 1 ° and following of this article. ”

Article 2

I. – It is inserted, after article 222-19 of the penal code, an article 222-19-1 as follows:

“Art. 222-19-1. – When the awkwardness, recklessness, inattention, negligence or breach of a legislative or regulatory obligation of safety or prudence provided for by article 222-19 is committed by the driver of a land motor vehicle, unintentional attack on the integrity of the person resulting in total incapacity for work for more than three months is punishable by three years’ imprisonment and a fine of EUR 45,000.

“The penalties are increased to five years’ imprisonment and a fine of EUR 75,000 when:

“1 ° The driver has committed a manifestly deliberate violation of a particular obligation of prudence or safety provided for by law or regulation other than those mentioned below;

“4 ° The driver did not hold the driving license required by law or regulation or his license had been canceled, invalidated, suspended or retained;

“5 ° The driver has exceeded the maximum authorized speed equal to or greater than 50 km / h;

“6 ° The driver, knowing that he has just caused or caused an accident, did not stop and thus tried to escape the criminal or civil liability that he may incur.

“The penalties are increased to seven years’ imprisonment and a fine of 100,000 EUR when the unintentional attack on the integrity of the person has been committed with two or more of the circumstances mentioned in 1 ° and following of this article. ”

II. – After article 222-20 of the same code, an article 222-20-1 is inserted as follows:

“Art. 222-20-1. – When the awkwardness, recklessness, inattention, negligence or breach of a legislative or regulatory obligation of safety or prudence provided for by article 222-19 is committed by the driver of a land motor vehicle, the involuntary attack on the integrity of the person resulting in a total incapacity for work of a duration less than or equal to three months is punished by two years of

“The penalties are increased to three years’ imprisonment and a fine of EUR 45,000 when:

” 1 ° The driver has committed a manifestly willful violation of a particular obligation of prudence or safety provided for by law or other regulation than those mentioned below;

“4 ° The driver did not hold the driving license required by law or regulation or his license had been canceled, invalidated, suspended or retained;

“5 ° The driver has exceeded the maximum authorized speed equal to or greater than 50 km / h;

“6 ° The driver, knowing that he has just caused or caused an accident, did not stop and thus tried to escape the criminal or civil liability that he may incur.

“The penalties are increased to five years imprisonment and a fine of EUR 75,000 when the involuntary attack on the integrity of the person has been committed with two or more of the circumstances mentioned in 1 ° and following of this article. ”

Article 3

I. – The second paragraph of article 434-10 of the penal code is completed by the words: “except in the cases provided for by articles 221-6-1, 222-19-1 and 222-20-1”.

II. – Article L. 234-11, II of article L. 234-12, the second paragraph of article L. 234-13 and article L. 235-5 of the highway code are repealed .

III. – The provisions of Article L. 234-11, of II of Article L. 234-12, of the second paragraph of Article L. 234-13 and of Article L. 235-5 of the Code of the road, as well as those of the second paragraph of article 434-10 of the penal code in its drafting prior to the entry into force of this law, remain applicable to offenses committed before this entry into force.

IV. – In 2 ° of article 398-1 of the code of criminal procedure, the references: “222-19, 222-20” are replaced by the references: “222-19-1, 222-20-1”.

Chapter II

Recidivism, additional penalties

and fixed fine

Section 1

Provisions relating to the punishment

of repeated offenses

Article 4

I. – The 5 ° of article 131-13 of the penal code is supplemented by the words: “, except the cases where the law provides that the repetition of the contravention constitutes an offense”.

II. – Article 132-11 of the same code is supplemented by a paragraph worded as follows:

“In cases where the law provides that the repetition of a fifth class offense constitutes an offense, the recidivism is constituted if the acts are committed. within three years from the expiration or prescription of the previous sentence. ”

III. – It is inserted, after article 132-16-1 of the same code, an article 132-16-2 as follows:

“Art. 132-16-2. – The offenses of manslaughter or unintentional attack on the integrity of the person committed while driving a land motor vehicle provided for by articles 221-6-1, 222-19-1 and 222-20-1 are considered, with regard to recidivism, as the same offense.

“The offenses provided for by Articles L. 221-2, L. 234-1, L. 235-1 and L. 413-1 of the Highway Code are considered, with regard to recidivism, as the same offense. They are also assimilated to the offenses mentioned in the previous paragraph when they constitute the second term of the recidivism. ”

IV. – In I of Article L. 221-2 of the Highway Code, the words: “within the meaning of Article 132-11 of the Penal Code” are replaced by the words: “within the meaning of the second paragraph of the ‘

V. – In the first paragraph of Article L. 413-1 of the same code, the words: “within one year from the date on which this conviction becomes final” are replaced by the words: ” in a state of recidivism under the conditions provided for by the second paragraph of article 132-11 of the penal code ”.

VI. – The penultimate paragraph (5 °) of Article 769 of the Code of Criminal Procedure is completed by the words: “; this period is extended to four years in the case of a contravention of which the repeat offense constitutes an offense. ”

Section 2

Provisions relating to additional penalties

Article 5

I. – The 1 ° of article 131-6 of the penal code is completed by the words: “; this limitation is however not possible in the event of an offense for which the suspension of the driving license, incurred as an additional penalty, cannot be limited to driving outside professional activity ”.

II. – Point 1 of article 131-14 of the same code is completed by the words: “; this limitation is not however possible in the event of a contravention for which the suspension of the driving license, incurred as an additional penalty, cannot be limited to driving outside professional activity ”.

III. – Point 1 of article 131-16 of the same code is supplemented by the words: “unless the regulations expressly exclude this limitation”.

IV. – Before the last paragraph of article 131-22 of the same code, a paragraph worded as follows is inserted:

“When the person has been convicted of an offense provided for by the highway code or on the basis of articles 221-6 -1, 222-19-1, 222-20-1 and 434-10, it preferably accomplishes the sentence of community service in one of the establishments specializing in the reception of road injuries. ”

V. – Article 132-28 of the same code is completed by the words:”; however, the splitting of the driving license suspension penalty is not possible in the event of offenses or contraventions for which the law or regulation provides that this penalty cannot be limited to driving outside the professional activity “.

VI. – Point 3 of article 221-8 of the same code is completed by the words: “; in the cases provided for by article 221-6-1, the suspension cannot be accompanied by the suspension, even partially, and cannot be limited to driving outside the professional activity; in the cases provided for by 1 ° to 6 ° and the last paragraph of article 221-6-1, the duration of this suspension is ten years at most ”.

VII. – Point 3 of article 222-44 of the same code is completed by the words: “; in the cases provided for by articles 222-19-1 and 222-20-1, the suspension cannot be accompanied by the suspension, even partially, and cannot be limited to driving outside professional activity; in the cases provided for by 1 ° to 6 ° and the last paragraph of articles 222-19-1 and 222-20-1, the duration of this suspension is ten years at most ”.

VIII. – Point 3 of article 223-18 of the same code is completed by the words: “; if the offense was committed while driving a land motor vehicle, the suspension cannot be accompanied by the suspension, even partially, and cannot be limited to driving outside the professional activity “.

IX. – In article 434-45 of the same code, the words: “this suspension which may be limited to driving outside professional activity” are replaced by the words: “this suspension not being able to be limited to driving while outside professional activity ”.

X. – The third paragraph of Article 708 of the Code of Criminal Procedure is supplemented by a sentence worded as follows:

“The suspension or the division of the sentence of suspension of driving license is however not possible in the event of misdemeanors or fines for which the law or the regulations provide that this penalty cannot be limited to driving outside the professional activity. ”

XI. – In 1 ° of II of Articles L. 224-16 and L. 234-8, 1 ° of I of Article L. 234-2 and in the second paragraph of Article L. 413-1 of the Code of the road, the words: “this suspension may be limited to driving outside professional activity” are replaced by the words: “this suspension cannot be limited to driving outside professional activity”.

XII. – In 1 ° of II of Articles L. 235-1 and L. 235-3 of the same code, the words: “this suspension may be limited to driving outside professional activity” are replaced by the words: ” this suspension cannot be limited to driving outside of professional activity ”.

Article 6

I. – Article 131-16 of the penal code is supplemented by a 6 ° and a 7 ° worded as follows:

“6 ° The prohibition to drive certain land motor vehicles, including those for which the driving license is not required, for a period of three years at most;

“7 ° The obligation to complete, at one’s own expense, a road safety awareness course. ”

II. – Article 131-21 of the same code is supplemented by a paragraph worded as follows:

“When the thing confiscated is a vehicle which was not seized during the procedure, the convicted person must, on the injunction which is made by the public prosecutor, hand over this vehicle to the service or organization responsible for its destruction or alienation. ”

III. – It is inserted, after article 131-35 of the same code, an article 131-35-1 as follows:

“Art. 131-35-1. – When incurred as an additional penalty, the obligation to complete a road safety awareness course is carried out at the expense of the convicted person, within six months from the date on which the conviction is final .

“The completion of the internship gives rise to the delivery to the convicted person of a certificate which the latter sends to the public prosecutor. ”

IV. – Article 132-45 of the same code is supplemented by a 15 ° worded as follows:

“15 ° In the event of an offense committed while driving a land motor vehicle, carry out, at its own expense, a road safety awareness course. ”

V. – Article 221-8 of the same code is supplemented by five paragraphs worded as follows:

“7 ° In the cases provided for by article 221-6-1, the ban on driving certain land motor vehicles, including those for whose driving the driving license is not required, for a period of five years at most;

“8 ° In the cases provided for by article 221-6-1, the obligation to complete, at one’s own expense, a road safety awareness course;

“9 ° In the cases provided for by article 221-6-1, the immobilization, for a period of one year at most, of the vehicle which the convicted person used to commit the offense, if any. is the owner;

“10 ° In the cases provided for by article 221-6-1, the confiscation of the vehicle which the convicted person used to commit the offense, if he is the owner.

“Any conviction for the offenses provided for by 1 ° to 6 ° and the last paragraph of article 221-6-1 automatically gives rise to the cancellation of the driving license with prohibition to apply for a new license for ten years at most. In the event of a repeat offense, the duration of the ban is automatically extended to ten years and the court may, by a specially reasoned decision, provide that this ban is final. ”

VI. – Article 222-44 of the same code is supplemented by four paragraphs thus worded:

“8 ° In the cases provided for in Articles 222-19-1 and 222-20-1, the prohibition on driving certain motorized land vehicles, including those for which the driving license is not required, for a maximum period of five years;

“9 ° In the cases provided for in Articles 222-19-1 and 222-20-1, the obligation to complete, at their own expense, a road safety awareness course;

“10 ° In the cases provided for by articles 222-19-1 and 222-20-1, the immobilization, for a period of one year at most, of the vehicle which the convicted person used to commit the offense , if he is the owner.

“Any conviction for the offenses provided for by 1 ° to 6 ° and the last paragraph of article 222-19-1 automatically gives rise to the cancellation of the driving license with prohibition to apply for a new license for ten years at most. ”

VII. – Article 223-18 of the same code is supplemented by 5 ° to 8 ° worded as follows:

“5 ° When the offense was committed while driving a land motor vehicle, the prohibition to drive certain land motor vehicles, including those for which a driving license is not required, for a period of up to five years;

“6 ° When the offense was committed while driving a land motor vehicle, the obligation to fulfill, at their expense,

“7 ° When the offense was committed while driving a land motor vehicle, the immobilization, for a period of one year at most, of the vehicle which the convicted person used to commit the offense, if he is the owner;

“8 ° When the offense was committed while driving a land motor vehicle, the confiscation of the vehicle which the convicted person used to commit the offense, if he is the owner. ”

VIII. – In the first paragraph of article 434-41 of the same code, after the words: “cancellation of the driving license”, are inserted the words: “, prohibition to drive certain land motor vehicles, compulsory to complete an internship ”.

IX. – Point 2 of Article 41-1 of the Code of Criminal Procedure is supplemented by the words: “in the event of an offense committed while driving a land motor vehicle, this measure may consist of completion, by the perpetrator, at his own expense, of a road safety awareness course; “.

X. – The fourth paragraph (3 °) of II of Article L. 221-2 of the Highway Code is deleted.

XI. – Section II of article L. 221-2 of the same code is supplemented by 4 ° to 6 ° worded as follows:

“4 ° The prohibition of driving certain land motor vehicles, including those for which the driving license driving is not required, for a period of five years at most;

“5 ° The obligation to perform, at its expense,

“6 ° Confiscation of the vehicle which the convicted person used to commit the offense, if he is the owner. ”

XII. – Section IV of article L. 223-5 of the same code is supplemented by 4 ° to 6 ° worded as follows:

“4 ° The prohibition on driving certain land motor vehicles, including those for which the driving license driving is not required, for a period of five years at most;

“5 ° The obligation to complete, at one’s own expense, a road safety awareness course;

“6 ° Confiscation of the vehicle which the convicted person used to commit the offense, if he is the owner. ”

XIII. – II of article L. 224-16 of the same code is supplemented by 4 ° to 6 ° thus worded:

“4 ° The ban on driving certain land motor vehicles, including those for which the driving license is not required, for a period of five years at most;

“5 ° The obligation to complete, at one’s own expense, a road safety awareness course;

“6 ° Confiscation of the vehicle which the convicted person used to commit the offense, if he is the owner. ”

XIV. – Article L. 231-2 of the same code is supplemented by 4 ° to 6 ° worded as follows:

“4 ° The prohibition on driving certain land motor vehicles, including those for which the driving license no. is not required, for a period of five years at most;

“5 ° The obligation to perform, at their expense,

“6 ° Confiscation of the vehicle which the convicted person used to commit the offense, if he is the owner. ”

XV. – The I of article L. 234-2 and II of article L. 234-8 of the same code are supplemented by a 5 ° and a 6 ° as follows:

“5 ° The ban on driving certain vehicles land motor vehicles, including those for which a driving license is not required, for a period of not more than five years;

“6 ° The obligation to complete, at their own expense, a road safety awareness course. ”

XVI. – II of article L. 235-1 of the same code is supplemented by a 5 ° and a 6 ° thus worded:

“5 ° The ban on driving certain land motor vehicles, including those for which the driving license is not required, for a period of five years at most;

“6 ° The obligation to complete, at their own expense, a road safety awareness course. ”

XVII. – Section II of Article L. 235-3 of the same code is supplemented by a 5 ° and a 6 ° worded as follows:

“5 ° The prohibition on driving certain land motor vehicles, including those for which the driver is driving. driving license is not required, for a period of five years at most;

“6 ° The obligation to complete, at their own expense, a road safety awareness course. ”

XVIII. – The second paragraph of article L.

“He also incurs the penalty of prohibition to drive certain land motor vehicles, for a period of five years at most, the penalty of obligation to complete, at his expense, a road safety awareness course as well as penalty of confiscation of the vehicle he used to commit the offense, if he is the owner. ”

XIX. – Article L. 224-15 of the same code is repealed.

Article 7

After the fourth paragraph (3 °) of I of article 23 of law n ° 2003-239 of 18 March 2003 on internal security, a 3 ° bis is inserted as follows:

“3 ° bis When it is pronounced as an additional penalty, the ban on driving certain land motor vehicles, including those for which the driving license is not required; “.

Section 3

Provisions relating to the

fixed fine procedure

Article 8

I. – In the first paragraph of Article L. 121-2 of the Highway Code, after the words: “vehicles”, the words: “or on the payment of tolls” are inserted.

II. – In the first paragraph of article L. 121-3 of the same code, after the words: “on the maximum authorized speeds”, are inserted the words: “, on the respect of the safety distances between the vehicles, on the use of lanes and roadways reserved for certain categories of vehicles ”.

III. – After the first sentence of the first paragraph of article 529-2 of the code of criminal procedure, a sentence is inserted as follows:

“In the cases provided for by article 529-10, this request must be accompanied by the one of the documents required by this article. ”

IV. – In article 529-8 of the same code, the words: “this notice” are replaced by the words: “the notice of contravention”.

V. – After article 529-9 of the same code, two articles 529-10 and 529-11 are inserted as follows:

“Art. 529-10. – When the notice of a flat-rate fine concerning one of the contraventions mentioned in Article L. 121-3 of the Highway Code has been sent to the holder of the registration certificate or to the persons referred to in the second and third paragraphs of the Article L. 121-2 of this code, the request for exemption provided for by article 529-2 or the complaint provided for by article 530 is only admissible if it is sent by registered letter with acknowledgment of receipt. and if it is accompanied:

“1 ° Either of

“A) The receipt for the filing of a complaint for theft or destruction of the vehicle, or a copy of the declaration of destruction of the vehicle drawn up in accordance with the provisions of the Highway Code;

“B) A signed letter from the author of the request or complaint specifying the identity, address, as well as the driver’s license reference of the person who was presumed to be driving the vehicle when the contravention was noted;

“2 ° Either a document showing that a prior deposit of an amount equal to that of the fixed fine in the case provided for by the first paragraph of article 529-2, or that of the fixed fine increased in the case provided for in the second paragraph of article 530; this deposit is not equivalent to the payment of the fixed fine and does not give rise to the withdrawal of the driving license points provided for by the fourth paragraph of Article L. 223-1 of the Highway Code.

“The public prosecutor checks whether the conditions for admissibility of the request or complaint provided for in this article are met.

“Art. 529-11. – The notice of violation provided for by articles 529-1 and 529-8 may be sent following the observation of a traffic violation carried out using an approved automatic control device. In the event of a complaint brought before the police court, the report or the report of the judicial police officer or agent stating the result of this control is then drawn up. ”

VI. – Article 530 of the same code is amended as follows:

1 ° The second paragraph is completed by a sentence worded as follows:

“If it is a violation of the highway code, the complaint is no longer admissible after a period of three months when the notice of increased fixed fine is sent by registered letter at the address appearing on the vehicle registration certificate, unless the offender can prove that, before the expiry of this period, he declared his change of address to the vehicle registration service. “;

2 ° The last paragraph reads as follows:

“The complaint must be accompanied by the notice corresponding to the fine considered as well as, in the case provided for by article 529-10, by one of the documents required by this article. , failing which it does not have the effect of canceling the enforceable title. ”

VII. – Article 530-1 of the same code is supplemented by a paragraph worded as follows:

“In the cases provided for by article 529-10, in the event of discontinuance or release, if the deposit has been made provided for in this article, the amount of the deposit is returned, at his request, to the person to whom the notice of payment of the fixed fine was sent or who was the subject of legal proceedings. In the event of a conviction, the fine imposed may not be less than the amount provided for in the previous paragraph increased by a sum of 10%. ”

VIII. – After article 530-2 of the same code, an article 530-2-1 is inserted as follows:

“Art. 530-2-1. – When the notices of contravention or of an increased flat-rate fine are sent to a person residing abroad, the deadlines provided for by articles 529-1, 529-2, 529-8, 529-9 and 530 are increased by a month.

“The provisions of articles 529-10 and 530 of this code and of articles L. 121-2 and L. 121-3 of the highway code relating to the holders of the vehicle registration certificate are applicable to persons whose identity appears on the equivalent documents issued by foreign authorities. ”

IX. – Article 706-72 of the same code is supplemented by a paragraph worded as follows:

“For the judgment of the contraventions mentioned in the first paragraph, and in particular contraventions of the highway code, the territorial jurisdiction of the local courts is that of the police courts, including the district courts having exclusive jurisdiction in criminal matters in application of the provisions of article L. 623-2 of the code of judicial organization. ”

X. – After article L. 130-6 of the highway code, an article L. 130-9 is inserted as follows:

“Art. L. 130-9. – When they are carried out by automatic control devices that have been approved, the findings relating to the speed of the vehicles, the safety distances between vehicles, the crossing by the vehicles of a signal requiring them to stop , non-payment of tolls or the presence of vehicles on certain roads and roadways, are valid until proven otherwise.

“When these findings are the subject of an automated processing of nominative information implemented in accordance with the provisions of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, the maximum duration retention of this information may not exceed ten years, without prejudice to the possibility for the driver of the vehicle which has been the subject of the control to request the district prosecutor with territorial jurisdiction to order the erasure of the information concerning him when has recovered the number of points that were withdrawn from his driving license or when the procedure concerning him gave rise to a final discharge decision.

“For the application of the provisions relating to the flat-rate fine, the place of the automated processing of personal information concerning the findings made by the automated control devices is considered to be the place of observation of the offense. ”

XI. – In the third paragraph of Article L. 322-1 of the same code, the words: “under the conditions provided for by Article 530 of the Code of Criminal Procedure” are replaced by the words: “according to the terms and within the time limits provided for by articles 529-10 and 530 of the Code of Criminal Procedure under penalty of inadmissibility ”.

XII. – In the first paragraph of Article L. 322-1 of the same code, the words: “ask the public prosecutor of” are deleted and this paragraph is completed by a sentence worded as follows:

“He then informs the public prosecutor. ”

Article 9

I. – By way of derogation from the provisions of article L. 2334-24 of the general code of local authorities, the proceeds of fines collected through automatic sanction control systems will be paid, from 2004 to 2006, for the benefit of the general budget of State.

II. – Investments and costs induced by the installation of automatic control devices will be borne by the State.

Article 10

The Government presents to Parliament, each year, a report on the conditions of use of the proceeds from fines generated by traffic violations. This report specifies in particular the distribution between the State and the local communities as well as the actual conditions of allocation of this product to road safety actions.

Chapter III

Provisions relating to the points-based license

and establishing a probationary license

Article 11

I. – After the first paragraph of Article L. 223-1 of the Highway Code, a paragraph is inserted as follows:

“On the date of obtaining the driving license, it is affected, for a period of three-year probationary period, half of the maximum number of points. This probationary period is reduced to two years when the holder of the driving license has followed an early learning course. At the end of this probationary period, the driving license is assigned the maximum number of points, if no offense giving rise to the withdrawal of points has been committed. ”

II. – Article L. 223-2 of the same code is thus amended:

1 ° In I, the words: “of the initial number of points” are replaced by the words: “of the maximum number of points”;

2 ° In II, the words: “to one third of the initial number of points” are replaced by the words: “to half of the maximum number of points”;

3 ° III is worded as follows:

“III. – In the event that several offenses resulting in the withdrawal of points are committed simultaneously, the withdrawals of points are accumulated within the limit of two thirds of the maximum number of points. ”

III. – Article L. 223-6 of the same code is thus amended:

1 ° In the first paragraph, the words: “sanctioned with a withdrawal of points, his license is again affected by the initial number of points” are replaced by the words: “having given rise to the withdrawal of points, his license is affected by the maximum number of points”;

2 ° The second paragraph is worded as follows:

“The holder of a driving license who has committed an offense giving rise to the withdrawal of points can obtain a recovery of points if he follows a road safety awareness course. When the holder of the driving license has committed an offense giving rise to a withdrawal of points equal to or greater than a quarter of the maximum number of points and he is within the period of the probationary period defined in Article L. 223- 1, he must undergo this specific training which replaces the fine sanctioning the offense. ”

IV. – Point 1 of Article L. 223-8 of the same code reads as follows:

“1 ° The maximum number of points for the driving license, the number of points assigned when obtaining the driving license and the terms and conditions of acquisition of the maximum number of points; “.

V. – In Articles L. 224-5, L. 224-16, L. 224-17, L. 224-18, L. 231-3, L. 233-1, L. 233-2, L. 234 -1, L. 234-8, L. 235-1, L. 235-3, L. 317-2, L. 317-3, L. 317-4, L. 412-1 and L. 413-1 of the same code, the words: “of the initial number of points” are replaced by the words: “of the maximum number of points”.

VI. – The provisions of the second paragraph of Article L. 223-1 of the Highway Code in its wording resulting from I will only be applicable to permits issued from the date of their entry into force.

Article 12

II of Article L. 223-5 of the Highway Code is supplemented by a sentence worded as follows:

“This period is extended to one year when a new withdrawal of all the points occurs within a period of five years following previous. ”

Article 13

I. – In II of Article L. 223-5 of the Highway Code, the words: “a medical examination” are replaced by the words: “a medical, clinical or biological examination or analysis”.

II. – Article L. 224-14 of the same code reads as follows:

“Art. L. 224-14. – In the event of cancellation of the driving license pronounced in application of this code or for the offenses provided for by articles 221-6-1, 222-19-1 and 222-20-1 of the penal code or in the event of suspension of the driving license, the duration of which is fixed by decree in the Council of State, the interested party cannot apply for a new license or the return of his license without having been recognized as fit after a medical, clinical, biological and psychotechnical examination or analysis carried out at its expense. ”

Article 14

I. – Article L. 223-1 of the Highway Code is thus amended:

1 ° In the third paragraph, after the words: “the payment of a fixed fine”, the words are inserted: “or the issue the enforceable title of the increased fixed fine ”;

2 ° The last paragraph is deleted.

II. – The first paragraph of Article L. 223-3 of the same code is replaced by two paragraphs worded as follows:

“When the interested party is notified that one of the offenses leading to the withdrawal of points has been noted against him, he is informed the provisions of Article L. 223-2, the existence of automated processing of these points and the possibility for him to exercise the right of access in accordance with Articles L. 225-1 to L. 225 -9.

“When the fixed fine procedure or the penal composition procedure is applied, the offender is informed that the payment of the fine or the execution of the penal composition entails the withdrawal the number of points corresponding to the alleged offense, the qualification of which is duly brought to its attention; he is also informed of the existence of an automated processing of these points and of the possibility for him to exercise the right of access. ”

III. – In the first paragraph of Article L. 223-6 of the same code, the words: “from the date on which the last conviction became final or the payment of the last fixed fine” are replaced by the words: ” from the date of payment of the last flat-rate fine, of the issuance of the writ of execution of the last increased fixed-rate fine, of the execution of the last penal composition or of the last final conviction ”.

Article 15

Article L. 223-5 of the Highway Code is supplemented by a V worded as follows:

“V. – The fact that any person drives a motor vehicle for the driving of which the license is necessary, despite the injunction which he was made to surrender his driving license in accordance with I, is punished by the penalties provided for in III and IV. ”

Article 16

Candidates for a driving license are made aware as part of their training in the basics of first aid.

A decree in Council of State fixes the modalities of implementation of these provisions.

Chapter IV

Other provisions likely

to strengthen road safety

Section 1

Provision relating to the development

of safety equipment on new vehicles

Article 17

Land-based motor vehicles sold new on French territory must be fitted with a speed regulator.

Section 2

Provisions relating to

moped unclamping equipment and radar detectors

Article 18

I. – Chapter VII of Title I of Book III of the Highway Code is supplemented by Articles L. 317-5 to L. 317-8 worded as follows:

“Art. L. 317-5. – I. – The fact of manufacturing, importing, exporting, exhibiting, offering, offering for sale, selling, offering for hire or encouraging the purchase or use of a device having intended to increase the engine power of a moped beyond the maximum authorized power is punished by two years imprisonment and a fine of EUR 30,000.

“II. – The fact, for a professional, to transform a moped engine in order to increase its power, beyond the maximum authorized power, is punished by the same penalties.

“III. – The device provided for in I is entered. When the device is placed, adapted or applied on a vehicle, this vehicle can also be seized.

“Art. L. 317-6. – The attempt of the offenses provided for by article L. 317-5 is punishable by the same penalties.

“Art. L. 317-7. – Individuals guilty of the offenses provided for in Article L. 317-5 also incur the following additional penalties:

“1 ° The suspension, for a period of three years at most, of the driving license;

“2 ° Confiscation of the vehicle, when the device which was used or was intended to commit the offense is placed, adapted or applied to a vehicle.

“Any conviction for the offense provided for in Article L. 317-5 automatically gives rise to the confiscation of the device which was used or was intended to commit the offense.

“Art. L. 317-8. – Legal persons can be declared criminally responsible, under the conditions provided for by article 121-2 of the penal code, for the offenses defined in article L. 317-5. The penalties incurred by legal persons are:

“1 ° The fine, in accordance with the terms provided for in article 131-38 of the penal code;

“2 ° The penalties mentioned in 4 °, 5 °, 6 °, 8 ° and 9 ° of article 131-39 of the penal code. ”

II. – Chapter III of Title I of Book IV of the same code is supplemented by Articles L. 413-2 to L. 413-5 worded as follows:

“Art. L. 413-2. – I. – The fact of manufacturing, importing, exporting, exhibiting, offering, offering for sale, selling, offering for hire or encouraging the purchase or use of a device, device or product of the nature or presented as being of such a nature as to detect the presence or disturb the functioning of devices, instruments or systems used to detect violations of the laws or regulations of road traffic or to allow to avoid the finding of said offenses is punishable by two years’ imprisonment and a fine of EUR 30,000.

“II. – That device, device or product is seized. When the apparatus, device or product is placed, adapted or applied to a vehicle, that vehicle can also be seized.

“Art. L. 413-3. – The attempt of the offenses provided for by article L. 413-2 is punishable by the same penalties.

“Art. L. 413-4. – Individuals guilty of the offenses provided for in Article L. 413-2 also incur the following additional penalties:

“1 ° The suspension, for a period of three years at most, of the driving license;

“2 ° Confiscation of the vehicle, when the device which was used or was intended to commit the offense is placed, adapted or applied to a vehicle.

“Any conviction for the offense provided for in Article L. 413-2 automatically gives rise to the confiscation of the device which was used or was intended to commit the offense.

“Art. L. 413-5. – Legal persons can be declared criminally responsible, under the conditions provided for by article 121-2 of the penal code, for the offenses defined in article L. 413-2. The penalties incurred by legal persons are:

“1 ° The fine, in accordance with the terms provided for in article 131-38 of the penal code;

“2 ° The penalties mentioned in 4 °, 5 °, 6 °, 8 ° and 9 ° of article 131-39 of the penal code. ”

III. – An article L. 130-8 is inserted after article L. 130-6 of the same code as follows:

“Art. L. 130-8. – Agents of the General Directorate for Competition, Consumer Affairs and Fraud Control are empowered to investigate and record the infringements provided for in Articles L. 317-5 and L. 413-2. To this end, they have the powers provided for in Book II of the Consumer Code. ”

Section 3

Provisions relating to the relocation of installations

and structures located on the public road domain

Article 19

Article L. 113-3 of the Highway Code is supplemented by a paragraph worded as follows:

“The manager of the public road domain may, in the interest of road safety, have the installations and structures located on this road moved. domain at the expense of the occupant under conditions defined by decree of the Council of State. ”

Section 4

Provisions relating to

seriously damaged vehicles

Article 20

Title II of Book III of the Highway Code is thus amended:

1 ° The title of Chapter VI reads as follows: “Organization of the profession of automobile expert”;

2 ° In the first paragraph of Article L. 326-3, the words: “, in equal number,” are deleted;

3 ° a) Articles L. 326-10 to L. 326-12 become articles L. 327-1 to L. 327-3 and constitute Chapter VII entitled “Damaged vehicles”;

b) In the first paragraph of Article L. 327-3, the reference: “L. 326-10” is replaced by the reference: “L. 327-1”;

4 ° Chapter VII is supplemented by Articles L. 327-4 to L. 327-6 worded as follows:

“Art. L. 327-4. – When, due to the seriousness of the damage that it has suffered, a vehicle has been immobilized in application of Articles L. 325-1 to L. 325-3, the judicial police officer or agent who carries out the observations withdraws the registration certificate as a precaution.

“In the absence of delivery of the registration certificate, the prefect or, in Paris, the police prefect notifies the owner of the ban on the circulation of his vehicle and proceeds to register an opposition to the transfer of the certificate. registration until delivery of this document.

“The vehicle is only put back into service in view of the report of an automobile expert certifying that the said vehicle is in a condition for circulation under normal safety conditions.

“Art. L. 327-5. – When an automobile expert finds that due to its condition a vehicle cannot circulate in normal safety conditions, he informs the prefect of the department of the place of observation or, in Paris, the prefect of police, without can obstruct the rules relating to professional secrecy. The prefect notifies the owner of the ban on movement of his vehicle and proceeds to register an opposition to the transfer of the registration certificate until the delivery of this document.

“The vehicle is only put back into service on the basis of a report from an automobile expert certifying that the said vehicle is in a condition for circulation under normal safety conditions.

“Art. L. 327-6. – A decree in the Council of State fixes, as necessary, the conditions of application of this chapter. ”

Section 5

Provisions Relating to the Protection of

Driving License and Road Safety Inspectors

Article 21

In Chapter I of Title I of Book II of the Highway Code, an article L. 211-1 is inserted as follows:

“Art. L. 211-1. – In the event of commission of the offenses of violence or contempt provided for by articles 222-9 to 222-13 and 433-5 of the penal code against a driving license and road safety inspector in the exercise or in the On the occasion of the exercise of its functions, the court may pronounce the additional penalty of prohibition to sit for the driving license examination for a period of three years at most.

“This sentence is brought to the attention of the prefect of the department concerned. ”

Section 6

Provisions relating to knowledge

of road traffic accidents

Article 22

Title I of the Highway Road Code is supplemented by Chapter IX as follows:

“Chapter IX

“Information systems on the road network

“Art. L. 119-1. – The prefect communicates each year to the departments, municipalities or their groups an information report on road traffic accidents and serious offenses committed on the road network they manage.

“The departments, municipalities and their groups establish, under the conditions provided for in article L. 1614-7 of the general code of local authorities, statistics relating to the road network which they manage. They communicate them to the State representative in the department.

“The population threshold from which this obligation applies, the elements to be provided as well as the frequency of their updating are fixed by decree of the Council of State. ”

Article 23

Each year, the State presents to Parliament an inventory report of the points of the national network which are particularly prone to accidents. It takes stock of the curative measures implemented.

Section 7

Provisions relating to the safety

of passenger and goods transport

Article 24

I. – In Article L. 325-1 of the Highway Code, after the words: “or the regulations relating to compulsory insurance for motor vehicles”, the words are inserted: “or the regulations of transport of dangerous goods by road ”.

II. – In the first paragraph of article L. 130-6 of the same code, after the reference: “L. 224-5,”, the reference is inserted: “L. 233-2,”.

III. – Article L. 225-5 of the same code is supplemented by an 8 ° as follows:

“8 ° To the body responsible for issuing and managing driver cards associated with the electronic tachograph used for transport control road. ”

Article 25

Every year, the Government will present to Parliament a report on the execution of State-region road plan contracts.

Article 26

I. – Law n ° 82-1153 of 30 December 1982 on the orientation of inland transport is thus amended:

1 ° Article 5 is supplemented by a paragraph worded as follows:

“The operations of transport are considered as transport of goods. carried out as part of a move. “;

2 ° Article 8 is amended as follows:

a) In the first paragraph of I, after the words: “of public freight carrier,”, are inserted the words: “of remover,”, and, after the words: “of rental company of industrial vehicles intended for transport ”, the words:“, freight forwarder ”are inserted;

b) In the last paragraph of I, after the words: “are considered as”, are inserted the words: “freight forwarders and as” and, after the words: “the execution of the transport of goods”, are inserted the words : “Or moving”;

c) In the first paragraph of II, after the words: “public transport of goods”, are inserted the words: “or any contract relating to the removal”; after the words: “the object of the transport”, are inserted the words: “or of the removal”; after the words: “of the transporter”, the words: “, of the remover” are inserted, and, after the words: “the price of the transport”, the words: “or of the removal” are inserted.

This paragraph is completed by a sentence worded as follows:

“Likewise, the transport commission contract must be the subject of identical provisions. “;

d) At the beginning of the second paragraph of II, the word: “A” is replaced by the words: “Without prejudice to legislative provisions relating to contracts and to”;

e) In IV, after the words: “Remuneration”, the words: “freight forwarders and” are inserted;

3 ° In the fourth paragraph of article 9, after the words: “in transport contracts”, the words: “, in contracts relating to the move” are inserted;

4 ° In the first sentence of the second paragraph of article 12, after the words: “transport companies”, are inserted the words: “, removal”;

5 ° In the penultimate paragraph of article 17, the words: “created within the regional transport committee” are replaced by the words: “placed with the regional prefect”.

After the first sentence of the same paragraph, a sentence worded as follows is inserted:

“It includes representatives of companies participating in transport operations, their employees and the various categories of users as well as representatives of the State. “;

6 ° Article 37 is amended as follows:

1 ° In I, the words: “in the event of an infringement of the provisions relating to transport, working conditions and safety” are replaced by the words: “in the event of a finding violation of transport, labor, health or safety regulations ”;

2 ° In the first paragraph of II, the words: “to the provisions relating to transport, working conditions and safety” are replaced by the words: “to transport, labor, health or safety regulations” , after the words: “of a road transport company”, are inserted the words: “or of a removal company,” and it is completed by a sentence worded as follows:

“These provisions also apply to companies whose transport is incidental to their activity. ”

II. – The provisions of 5 ° of I will come into force on the first day of the sixth month following the promulgation of this law.

Article 27

I. – Article 25 of the finance law for the financial year 1952 (n ° 52-401 of April 14, 1952) is thus amended:

1 ° In a of II, after the words: “of public road freight carrier , “Are inserted the words:” of remover, “;

2 ° In d of II, after the words: “of the activity of carrier,” are inserted the words: “of remover,”.

II. – Article 3 of Ordinance No. 58-1310 of 23 December 1958 concerning working conditions in public and private road transport with a view to ensuring road traffic safety is worded as follows:

“Art. 3. – The fact of falsifying documents or electronic data, of providing false information, of deteriorating, of improperly using or of modifying the devices intended for the control provided for in article 1 or of not having carried out the installation of these devices is punishable by imprisonment for one year and a fine of EUR 30,000.

“The vehicle on which the offense was committed is immobilized and withdrawn from circulation until it has been brought into conformity or repaired. A Council of State decree sets the conditions for the application of this paragraph.

“The fact of engaging in road transport with a driver card that does not conform or does not belong to the driver using it, or without a card inserted in the tachograph of the vehicle, is punishable by imprisonment for six months and a fine of EUR 3,750.

“The same penalties shall apply to refusing to present signed documents or electronic data, to communicate the information or to allow the checks or investigations provided for by this ordinance, by its implementing decrees or by article L to be carried out. 130-6 of the highway code. ”

Article 28

Law n ° 95-66 of January 20, 1995 relating to access to the activity of driver and to the profession of taxi operator is thus amended:

1 ° After article 2, an article 2 bis is inserted thus worded:

“Art. 2a. – The exercise of the activity of taxi driver requires to be the holder of a professional card issued by the prefect.

“The Prefect may, in the event of violation by the driver of the regulations applicable to the profession, give him a warning or proceed with the temporary or permanent withdrawal of his professional card. “;

2 ° After article 6, an article 6 bis is inserted as follows:

“Art. 6a. – The administrative authority competent to issue the parking permit may, when it is not used effectively or continuously, or in the event of a serious or repeated violation by its holder of its content or of the regulations applicable to profession, give them a warning or proceed with the temporary or permanent withdrawal of their parking permit. “;

3 ° After article 7, an article 7 bis is inserted as follows:

“Art. 7a. – The powers vested in the prefect by this law are exercised by the prefect of police in the zone defined for the exercise of the attributions listed in article 1 of the law of March 13, 1937 having for object the organization of the industry from the taxi. ”

Chapter V

Miscellaneous and coordination provisions

Article 29

The provisions of Articles 529-10, 529-11 and 530-2-1 of the Code of Criminal Procedure resulting from Article 8 of this Law are inserted in Article L. 121-5 of the Highway Code reproducing the Articles 529-7 to 530-3 of the Code of Criminal Procedure relating to the fixed fine procedure.

Article 30

Article L. 232-1 of the Highway Code is replaced by Articles L. 232-1 to L. 232-3 worded as follows:

“Art. L. 232-1. – The provisions relating to manslaughter committed while driving a land motor vehicle are laid down by articles 221-6-1 and 221-8 of the penal code reproduced below:

“The penalties are increased to seven years imprisonment and EUR 100,000 in

“1 ° The driver has committed a manifestly deliberate violation of a particular obligation of safety or prudence provided for by law or regulation other than those mentioned below;

“4 ° The driver did not hold the driving license required by law or regulation or his license had been canceled, invalidated, suspended or retained;

“5 ° The driver has exceeded the maximum authorized speed equal to or greater than 50 km / h;

“6 ° The driver, knowing that he has just caused or caused an accident, did not stop and thus tried to escape the criminal or civil liability that he may incur.

” Art. 221-8. – Individuals guilty of the offenses provided for in this chapter also incur the following additional penalties:

“1 ° Prohibition, in accordance with the terms provided for in article 131-27, from exercising professional or social activity in the exercise of or on the occasion of the exercise of which the offense was committed;

“2 ° The prohibition on holding or carrying, for a period of five years at most, a weapon subject to authorization;

“3 ° The suspension, for a period of five years at the most, of the driving license, this suspension being able to be limited to the driving outside the professional activity; in the cases provided for by article 221-6-1, the suspension cannot be accompanied by the suspension, even partially, and cannot be limited to driving outside the professional activity; in the cases provided for by 1 ° to 6 ° and the last paragraph of article 221-6-1, the duration of this suspension is ten years at most;

“4 ° The cancellation of the driving license with prohibition to request the issue of a new license for five years at most;

“5 ° The confiscation of one or more weapons of which the convicted person is the owner or of which he has free disposal;

“6 ° Withdrawal of the hunting license with a ban on requesting the issue of a new license for a maximum of five years;

“7 ° In the cases provided for by article 221-6-1, the ban on driving certain land motor vehicles, including those for which the driving license is not required, for a period of five years at most;

“8 ° In the cases provided for by article 221-6-1, the obligation to complete, at one’s own expense, a road safety awareness course;

“9 ° In the cases provided for by article 221-6-1, the immobilization, for a period of one year at most, of the vehicle which the convicted person used to commit the offense, if any. is the owner;

“10 ° In the cases provided for by article 221-6-1, the confiscation of the vehicle which the convicted person used to commit the offense, if he is the owner.

“Art. L. 232-2. – The provisions relating to unintentional attacks on the integrity of the person committed by the driver of a land motor vehicle are laid down by articles 222-19-1, 222-20-1 and 222-44 of the above penal code. after reproduced:

“The penalties are increased to five years

“1 ° The driver has committed a manifestly deliberate violation of a particular obligation of prudence or safety provided for by law or regulation other than those mentioned below;

“4 ° The driver did not hold the driving license required by law or regulation or his license had been canceled, invalidated, suspended or retained;

“5 ° The driver has exceeded the maximum authorized speed equal to or greater than 50 km / h;

“6 ° The driver, knowing that he has just caused or caused an accident, did not stop and thus tried to escape the criminal or civil liability that he may incur.
“The penalties are increased to seven years’ imprisonment and a fine of 100,000 EUR when the unintentional attack on the integrity of the person has been committed with two or more of the circumstances mentioned in 1 ° and following of this article. ”
” Art. 222-20-1. – When the awkwardness, recklessness, inattention, negligence or breach of a legislative or regulatory obligation of safety or prudence provided for by article 222-19 is committed by the driver of a land motor vehicle, the involuntary attack on the integrity of the person resulting in a total incapacity for work lasting less than or equal to three months is punishable by two years’ imprisonment and a fine of EUR 30,000.

“The penalties are increased to three years
“1 ° The driver has committed a manifestly deliberate violation of a particular obligation of prudence or safety provided for by law or regulation other than those mentioned below;
“2 ° The driver was in a state of manifest intoxication or was under the influence of an alcoholic state characterized by an alcohol concentration in the blood or in the exhaled air equal to or greater than the rates fixed by the legislative provisions or regulations of the highway code, or refused to submit to the checks provided for by this code and intended to establish the existence of an alcoholic state;
“3 ° It results from a blood test that the driver had used substances or plants classified as narcotics, or refused to submit to the checks provided for by the highway code intended to establish whether he was driving while having done so. Drug abuse ;
“4 ° The driver did not hold the driving license required by law or regulation or his license had been canceled, invalidated, suspended or retained;
“5 ° The driver has exceeded the maximum authorized speed equal to or greater than 50 km / h;
“6 ° The driver, knowing that he has just caused or caused an accident, did not stop and thus tried to escape the criminal or civil liability that he may incur.

“The penalties are increased to five years imprisonment and a fine of EUR 75,000 when the unintentional attack on the integrity of the person has been committed with two or more of the circumstances mentioned in 1 ° and following of this article. ”
” Art. 222-44. – Individuals guilty of the offenses provided for in this chapter also incur the following additional penalties:
“1 ° Prohibition, in accordance with the terms provided for in article 131-27, from exercising professional or social activity in the exercise of or on the occasion of the exercise of which the offense was committed;
“2 ° The prohibition on holding or carrying, for a period of five years at most, a weapon subject to authorization;
“3 ° The suspension, for a period of five years at the most, of the driving license, this suspension being able to be limited to the driving outside the professional activity; in the cases provided for by articles 222-19-1 and 222-20-1, the suspension cannot be accompanied by the suspension, even partially, and cannot be limited to driving outside professional activity; in the cases provided for by 1 ° to 6 ° and the last paragraph of articles 222-19-1 and 222-20-1, the duration of this suspension is ten years at most;

“4 ° The cancellation of the driving license with prohibition to request the issue of a new license for five years at most;
“5 ° The confiscation of one or more vehicles belonging to the convicted person;
“6 ° The confiscation of one or more weapons of which the convicted person is the owner or of which he has free disposal;
“7 ° The confiscation of the thing which was used or was intended to commit the offense or of the thing which is the product of it;
“8 ° In the cases provided for in Articles 222-19-1 and 222-20-1, the prohibition on driving certain motorized land vehicles, including those for which the driving license is not required, for a maximum period of five years;
“9 ° In the cases provided for in Articles 222-19-1 and 222-20-1, the obligation to complete, at their own expense, a road safety awareness course;
“10 ° In the cases provided for by articles 222-19-1 and 222-20-1, the immobilization, for a period of one year at most, of the vehicle which the convicted person used to commit the offense , if he is the owner.

” Art. L. 232-3. – Infractions of unintentional attacks on the life or integrity of the person committed while driving a motor vehicle provided for by articles 221-6-1, 222-19-1 and 222-20-1 of the penal code automatically give rise to the withdrawal of half of the maximum number of points of the driving license. ”

Article 31

The provisions of Articles L. 121-5, L. 231-1, L. 231-2 and L. 231-3 of the Highway Code reproducing articles of the Code of Criminal Procedure or of the Criminal Code are amended by the effect subsequent changes to these articles.

Article 32

I. – In I of article L. 234-8 of the highway code, are inserted, after the words: “to the verifications provided for by articles L. 234-4 to L. 234-6”, the words: “Or the verifications provided for in article L. 234-9”.
II. – Article L. 234-10 of the same code is repealed.
III. – In the last sentence of article L. 224-7 and the penultimate sentence of the first paragraph of article L. 224-8 of the same code, the words: “, L. 234-8 or L. 234-10 “are replaced by the words:” and L. 234-8 “.
IV. – Article L. 225-2 of the same code is thus amended:
1 ° In I, the words: “six years” are replaced by the words “ten years”;
2 ° The IV is worded as follows:

“IV. – In the event of a definitive ban on applying for a new driving license, the information mentioned in I will be deleted when the person reaches their 80th year. ”

Article 33

I. – Point 3 of Article 398-1 of the Code of Criminal Procedure reads as follows:

“3 ° Offenses relating to regulations relating to land transport; “.

II. – At the end of the second paragraph of article 522 of the same code, the words: “, either to working conditions in road transport, or to the coordination of transport” are replaced by the words: “, or to regulations relating to land transport ”.

Article 34

I. – After the second paragraph of Article L. 224-1 of the Highway Code, two paragraphs are inserted as follows:

“When the provisions of Article L. 235-2 are applied, the provisions of this article are applicable to the driver if the screening tests prove positive.

“The same applies if there are one or more plausible reasons to suspect that the driver or the student driver’s guide has used narcotics or when the driver or the guide refuses to submit to the verification tests. provided for in article L. 235-2. ”

II. – A paragraph worded as follows is inserted after the second paragraph of article L. 224-2 of the same code:

“When the provisions of Article L. 235-2 are applied, the provisions of this article are applicable to the driver if the medical, clinical and biological analyzes and examinations establish that he was driving after using substances or plants classified as narcotic drugs. The same applies if the driver or the student driver’s guide has refused to undergo the verification tests provided for in article L. 235-2. ”

III. – In article L. 224-3 of the same code, the words: “and third paragraphs” are replaced by the words: “, third and fourth paragraphs”.

Article 35

At the end of the penultimate paragraph of Article L. 235-2 of the Highway Code, the words: “under the influence of substances or plants classified as narcotics” are replaced by the words: “by having uses substances or plants classified as narcotics ”.

Article 36

At the end of 3 ° of article L. 2213-2 of the general code of local authorities, the words: “and constitutes an offense within the meaning of article R. 417-10 of the highway code” are deleted.

Article 37

Article L. 325-9 of the Highway Code is supplemented by a paragraph worded as follows:

“The amount of charges for impound costs is fixed by decree and takes into account the difficulties in implementing removal and removal operations. guard linked to the size of the municipalities in which these operations are carried out and to the existence of traffic and parking problems experienced by these municipalities. ”

Article 38

Ordinance n ° 2000-930 of September 22, 2000 relating to the legislative part of the highway code is ratified.

Article 39

I. – Article L. 130-4 of the Highway Code reads as follows:

“Art. L. 130-4. – Without prejudice to the general competence of the officers and agents of the judicial police, have the competence to record by report the contraventions provided for by the Regulatory part of this code or by other regulatory provisions, insofar as they relate to road safety and traffic:

“1 ° The staff of the National Forestry Office;

“2 ° The rural guards of the communes;
“3 ° The permanent or contractual agents of the State and the agents of the communes, permanent or not, in charge of the surveillance of the public way, approved by the public prosecutor;
“4 ° The agents, approved by the public prosecutor, of those of the urban public services of public transport of passengers who appear on a list drawn up under conditions fixed by decree in Council of State;
“5 ° Port officers and deputy port officers;
“6 ° State officials or agents responsible for controlling land transport under the authority of the Minister responsible for transport;

“7 ° Customs officers;

“8 ° The agents of the concessionaires of a motorway or a road structure open to public traffic and subject to tolls, approved by the prefect;

“9 ° The enforcement officers mentioned in Article L. 116-2 of the Highway Road Code;
“10 ° Aerodrome operators’ agents, sworn in and approved by the prefect for only contraventions of the parking rules in the aerodrome right-of-way;
“11 ° Assistant judicial police officers;

12 ° Civil servants or agents of the State, responsible for the acceptance of vehicles or parts of vehicles, placed under the authority of the ministers responsible for industry and transport.

“The list of contraventions that each category of agents mentioned above is authorized to observe is fixed by decree in the Council of State. ”

II. – After article L. 130-6 of the same code, an article L. 130-7 is inserted as follows:

“Art. L. 130-7. – When they are not already sworn in, the agents who have the competence to record by report the contraventions provided for in article L. 130-4 take an oath before the judge of the district court.

“This oath, the form of which is fixed by decree in the Council of State, is renewed in the event of a change in the place of employment of the person concerned. ”

III. – In I of article L. 221-2 of the same code, the sum: “4,500 EUR” is replaced by the sum: “3,750 EUR”.

IV. – Subject to court decisions having the force of res judicata, are validated, insofar as their legality would be contested for a reason based on the illegality of ordinance n ° 2000-1255 of December 21, 2000 modifying certain provisions annexed to the ordinance n ° 2000-930 of September 22, 2000 relating to the legislative part of the highway code, the acts taken in application of the aforementioned ordinance.

Article 40

I. – The provisions of I, II and III of Article L. 711-1 and those of Articles L. 711-2 to L. 741-3 of the Civil Aviation Code are applicable to the technical investigation relating to to an accident or incident occurring to an aircraft designed exclusively for military use or operated in military air traffic or to an aircraft which is not entered in the civil aviation registration register.

For the application of articles L. 711-2, L. 711-3 and L. 731-1 of the same code, the powers of the minister responsible for civil aviation, agents belonging to the technical bodies of civil aviation and administrative authorities responsible for civil aviation safety are exercised respectively by the Minister of Defense, commissioned or approved agents and military or civilian organizations responsible for aviation safety.

A Council of State decree sets the conditions for the application of this article.

II. – In the first paragraph of Article L. 711-2 of the same code, after the words: “specialized permanent body”, the words: “or under its control” are inserted.

Article 41

In I of article 68 of law n ° 2000-516 of June 15, 2000 strengthening the protection of the presumption of innocence and the rights of victims, the words: “at their request or if the interested parties are authorized to work, because of the organizational needs ”are replaced by the words and the 1 ° to 4 ° thus worded:

“ only in the following cases:
“1 ° If the interested parties request it;
“2 ° If their personality justifies, in their interest, that they are not left alone;

“3 ° If they have been authorized to work, or to follow vocational or school training and the organizational requirements so require;

“4 ° Within the limit of five years from the promulgation of law n ° 2003-495 of 12 June 2003 strengthening the fight against road violence, if the internal distribution of remand centers or the number of inmates present does not not allow such individual imprisonment. ”

Chapter VI
Provisions relating to overseas territories

Article 42

The following are applicable in Mayotte:
1 ° II of article 3, IV and V of article 4, XI and XII of article 5, XI to XIX of article 6, II, XI and XII of Article 8, Articles 10 to 16, I and II of Article 18, Articles 20 to 23, I and II of Article 24 and Articles 30 to 41 of this law ;

2 ° Articles L. 235-1 to L. 235-4 of the Highway Code;
3 ° Article L. 211-6 of the Insurance Code.

Article 43

I. – In article L. 141-1 of the highway code, a 4 ° is added as follows:

“4 °” Police court by “court of first instance. ”

II. – In article L. 142-1 of the same code, a 3 ° and a 4 ° are added as follows:

“3 °” Prefect by “representative of the Government;

“4 °” Police court by “court of first instance. ”

III. – After article L. 142-3 of the same code, two articles L. 142-4 and L. 142-4-1 are inserted as follows:

“Art. L. 142-4. – For the application in the local authority of Mayotte of 9 ° of article L. 130-4, the competent enforcement officers are:

“1 ° On all categories of tracks:

“(B) Municipal police officers;

“2 ° On the public roads falling within their remit:

“ a) The engineers of the bridges and roads and the engineers of the public works of the State, sworn;

“B) State public works technicians, State public works chief inspectors and State public works agents, when they are commissioned and sworn in for this purpose.

“Art. L. 142-4-1. – For the application in the local authority of Mayotte of this code, it is added to article L. 130-4 a 13 ° as follows:

“13 ° the officials of the police of Mayotte under the conditions provided for in the article 879-1 of the code of criminal procedure; “.

IV. – Subject to court decisions having the force of res judicata, are validated, insofar as their legality would be contested for a reason based on the illegality of the aforementioned ordinance n ° 2000-1255 of December 21, 2000, the acts taken pursuant to the said ordinance.

Article 44

3 ° of I and 3 ° of II of Article 837 of the Code of Criminal Procedure are worded as follows:

“3 ° The offenses provided for by the provisions applicable locally in terms of regulations relating to land transport; “.

Article 45

After article L. 244-1 of the highway code, an article L. 244-2 is inserted as follows:

“Art. L. 244-2. – I, 3 ° and 4 ° of II and III of article L. 235-1, article L. 235-2, I, 3 ° and 4 ° of II of article L 235-3 and I of article L. 235-4 are applicable in French Polynesia. ”

Article 46

I. – The Government is authorized, under the conditions provided for in article 38 of the Constitution, to take by ordinance the measures of a legislative nature allowing:

– to make applicable this law, if necessary with the necessary adaptations, in New -Caledonia, French Polynesia and the Wallis and Futuna Islands;

– make applicable the provisions relating to driving under the influence of substances or plants classified as narcotic products, in New Caledonia and in the Wallis and Futuna Islands.

The draft ordinances are submitted for opinion:

1 ° When their provisions relate to French Polynesia and New Caledonia, to the competent institutions provided for respectively by organic law n ° 96-312 of 12 April 1996 on the statute of autonomy of French Polynesia and by the organic law n ° 99-209 of March 19, 1999 relating to New Caledonia;

2 ° When their provisions relate to the Wallis and Futuna Islands, to the territorial assembly of the Wallis and Futuna Islands. The notice is then issued within one month; after this period has expired, the notice is deemed to have been given.

II. – The draft ordinances including provisions relating to French Polynesia are also submitted to the assembly of this territory.

III. – The ordinances will be taken, at the latest, the last day of the twelfth month following the promulgation of this law. The bill ratifying these ordinances shall be submitted to Parliament no later than the last day of the eighteenth month following the promulgation of this law.

Article 47

The second sentence of the fourteenth paragraph of article L. 3612-2 of the public health code reads as follows:

“It is not revocable and can be renewed once. ”

This law will be enforced as a law of the state.

Done in Paris, June 12, 2003.

Jacques Chirac

By the President of the Republic:

The Prime Minister,

Jean-Pierre Raffarin

The Minister of the Interior, Internal

Security

and Local Freedoms,

Nicolas Sarkozy

The Keeper of the Seals, Minister of Justice,

Dominique Perben

The Minister of Defense,

Michèle Alliot-Marie

The Minister of the economy,

finance and industry,

Francis Mer

Minister of equipment, transport,

housing, tourism and the sea,

Gilles de Robien

Minister of health, family
and persons disabled,

Jean-François Mattei

The Minister of Agriculture, Food,

of Fisheries and Rural Affairs,

Hervé Gaymard

The Minister for the Public Service,

State Reform

and Regional Planning,

Jean-Paul Delevoye

The Minister for Overseas Territories,

Brigitte Girardin

The Deputy Minister to industry,

Nicole Fontaine

The Minister for local freedoms,

Patrick Devedjian

(1) Preparatory work: law n ° 2003-495.

National Assembly:

Bill n ° 638;

Report by Mr. Richard Dell’Agnola, on behalf of the Law Commission, n ° 689;

Discussion on March 19 and 20, 2003 and adoption on March 20, 2003.

Senate:

Bill adopted, modified, adopted with modifications by the National Assembly in second and third reading, n ° 223 (2002-2003);

Report by Mr. Lucien Lanier, on behalf of the Law Commission, n ° 251 (2002-2003);

Discussion on April 29 and 30, 2003 and adoption on April 30, 2003.

National Assembly:

Bill, modified by the Senate, n ° 826;

Report by Mr. Richard Dell’Agnola, on behalf of the Law Commission, n ° 865;

Discussion and adoption on June 4, 2003.

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