ROADWAY CODE
LexInter | October 11, 2008 | 0 Comments

ROADWAY CODE

Highway Code

Legislative part

TITLE I: Provisions common to roads in the public road domain.

Chapter I: Definition.

Article L111-1

The public road domain includes all the property in the public domain of the State, departments and municipalities assigned to the needs of land traffic, with the exception of railways.

The State ensures the coherence and efficiency of the road network as a whole; it ensures in particular security, consistency of operation and user information, statistical knowledge of networks and traffic as well as the maintenance, development and dissemination of the rules of the art .

On the networks under their jurisdiction, the local authorities and their groups jointly define with the State research and development programs for technical know-how in the road sector. They are associated with the definition of the corresponding technical standards and definitions, adapted to the specificity of each of the networks.

Chapter II: Hold.

Section 1: Alignment.

Article L112-1

Alignment is the determination by the administrative authority of the limit of the public road domain to the right of riparian properties. It is fixed either by an alignment plane or by an individual alignment.

The alignment plan, to which is attached a plot plan, determines after public inquiry the boundary between public road and neighboring properties.

The individual alignment is issued to the owner in accordance with the alignment plan if one exists. In the absence of such a plan, he noted the limit of the public road to the right of riparian property.

Article L112-2

The publication of an alignment plan automatically assigns the land of unbuilt properties to the community that owns the public thoroughfare within the limits it determines.

The land of the properties built on the date of publication of the alignment plan is allocated to the community that owns the track as soon as the building is destroyed.

During the transfer of ownership, the compensation is, in the absence of an amicable agreement, fixed and paid as in the matter of expropriation.

Article L112-3

The individual alignment is issued by the representative of the State in the department, the president of the general council or the mayor, depending on whether it is a national road, a departmental road or a municipal road .

In built-up areas, when the mayor is not competent to issue the alignment, he must be consulted.

Article L112-4

Individual alignment cannot be refused to the owner who requests it.

Article L112-5

No new construction may, at any height whatsoever, encroach on the alignment, subject to special rules relating to protrusions.

Article L112-6

No comfort work can be undertaken on a building struck by alignment, except if it is a building classified among the historical monuments.

Article L112-7

When a new construction is built on the edge of the public road domain, the authority responsible for the conservation of the way has the powers of verification which are attributed to it by Article L. 460-1 of the Town Planning Code.

Section 2: Rights of residents.

Article L112-8

The owners living along the roads in the public road domain have a priority for the acquisition of the parcels situated in the right of their property and declassified following a change of alignment of these roads or the opening of a new way. The sale price is estimated, in the absence of an amicable agreement, as in the matter of expropriation.

If, given formal notice to acquire these plots, they do not become purchasers within a period of one month, these plots are alienated in accordance with the rules applicable to the area concerned.

When the decommissioned plots are acquired by the owners of the land on the right-of-way of the new road, they can be ceded by way of exchange or price compensation.

The same provisions apply to leftovers resulting from a change in alignment.

Chapter III: Use.

Article L113-1

The rules relating to the right to place indications or signals concerning traffic in view of the public are laid down by Article L. 411-6 of the Highway Code, reproduced below:

Art. L. 411-6. – The right to place in public view, by all appropriate means, indications or signals concerning, for any reason whatsoever, traffic belongs only to the authorities responsible for road services.

Article L113-2

Apart from the cases provided for in Articles L. 113-3 to L. 113-7 and the installation by the State of equipment aimed at improving road safety, occupation of the public road domain is only authorized if it is has been the subject of either a road permit in the event that it gives rise to a right-of-way, or a parking permit in other cases. These authorizations are issued on a precarious and revocable basis.

Article L113-3

Subject to the requirements of Article L. 122-3, operators of telecommunications networks open to the public and public transport or distribution services for electricity or gas may occupy the public road domain by installing structures there. , insofar as this occupation is not incompatible with its assignment to land traffic.

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

Article L113-4

Work carried out on public roads for the needs of telecommunications services is subject to the provisions of Articles L. 46 and L. 47 of the Postal and Electronic Communications Code.

Article L113-5

When they come under the regime of the concession or authorization of natural gas transport, the works carried out on the public highway for the establishment or maintenance of the electricity or gas transport or distribution networks are carried out under the conditions fixed by article 10 of the law of June 15, 1906 on energy distribution.

When they come under the road permit regime, these same works are carried out under the conditions set by articles 1 and 2 of the law of February 27, 1925, the object of which is to modify and supplement the law of June 15, 1906 on energy distributions.

The system of fees due for the occupation of the public road domain by the networks thus established is set by the sole article of Law No. 53-661 of August 1, 1953 fixing the system of fees due for the occupation of the public domain. by electricity and gas transport and distribution works, by specific lines or pipelines for electricity and gas.

Article L113-6

The methods of occupation of the public road domain by pipelines of general interest and by pipelines of interest to national defense are respectively fixed by article 11 of the finance law for 1958 (n ° 58-336 of March 29, 1958) and by articles 6 and 7 of law n ° 49-1060 of August 2, 1949 relating to the company of petroleum transport by pipeline.

Article L113-7

The works mentioned in Articles L. 113-4, L. 113-5 and L. 113-6 are subject to the work coordination measures affecting the soil and the subsoil of public roads provided for in Articles L. 115-1, L. 131-7, L. 141-10 and L. 141-11 of this code.

Chapter IV: Bordering.

Section 1: Visibility easements.

Article L114-1

Properties bordering or adjacent to public roads, located near crossings, bends or points dangerous or inconvenient for public traffic may be subject to easements intended to ensure better visibility.

Article L114-2

The visibility easements include, as appropriate:

1 ° The obligation to remove the fencing walls or to replace them with grids, to remove disturbing plantings, to bring back and keep the land and any superstructure at a level at the most equal level which is fixed by the clearance plan provided for in Article L. 114-3;

2 ° The absolute ban on building, placing fences, backfilling, planting and making any installations above the level fixed by the clearance plan;

3 ° The right for the authority managing the track to operate the resection of slopes, embankments and all natural obstacles so as to achieve satisfactory viewing conditions.

Article L114-3

A clearance plan determines, for each parcel, the land on which visibility easements are exercised and defines these easements.

This plan is subject to a public inquiry.

It is approved by the representative of the State in the department after consulting the municipal council and, if necessary, the general council.

Article L114-4

The establishment of visibility easements gives the owner the right to compensation for direct, material and certain damage resulting therefrom.

In the absence of an amicable agreement, the compensation is fixed and paid as in the case of expropriation.

Article L114-5

Any infringement of the clearance plan constitutes the responsibility of the owner of the land, without prejudice to his possible recourse against the third party author of the work, a contravention of which the repression is pursued in accordance with articles L. 116-1 to L. 116-8.

Article L114-6

The provisions of this section are also applicable, at the behest of the authority managing the track, to properties bordering or adjacent to the crossing at the level of a public road and a railway line.

Section 2: Miscellaneous obligations.

Article L114-7

Residents of public roads may be forced to comply with the forest management rules provided for in Article L. 322-6 of the Forest Code.

Article L114-8

Brush clearing operations along public roads may be carried out under the conditions provided for in Articles L. 322-7 and L. 322-8 of the Forest Code.

Chapter V: Works.

Single section: Coordination of work carried out on public roads located within built-up areas.

Article L115-1

Within the agglomerations, the mayor ensures the coordination of works affecting the soil and the subsoil of public roads and their dependencies, subject to the powers devolved to the representative of the State on main roads.

The owners, assignees or users of these roads, licensees, concessionaires and occupants by right periodically communicate to the mayor the program of works they plan to carry out as well as the timetable for their execution. The mayor brings to their attention the projects to repair municipal roads. It establishes, at its speed, the schedule of works in the whole of the agglomeration and notifies it to the departments concerned. The refusal of registration is the subject of a reasoned decision, except when the coating of the track, the roadway and the sidewalks has not reached three years of age.

When the work is included in this schedule, it is undertaken on the date or during the period for which it is scheduled, subject to the legally required authorizations.

For works in built-up areas which have not been the subject of the coordination procedure provided for above, either because they were not foreseeable when the schedule was drawn up, or because it was not ‘has not been established, the mayor, receiving a request, indicates to the requesting service the period during which the work can be carried out. The postponement from the requested date must be justified. In the absence of an express decision within the period of two months following the filing of the request, the work can be carried out on the date indicated in this request.

The mayor can order the suspension of work which has not been the subject of the coordination procedures defined in the preceding paragraphs.

In the event of a proven emergency, the above-mentioned works can be undertaken without delay. The mayor is kept informed within twenty-four hours of the reasons for this intervention.

The representative of the State can, when the general interest justifies it or in case of emergency or of public necessity, allow the execution, on a determined date, of the works on the public roads in agglomeration which would have been the object a refusal to enter the schedule referred to in the second paragraph, a postponement referred to in the fourth paragraph or a suspension referred to in the fifth paragraph of this article.

The conditions of application of this article are fixed by decree of the Council of State.

Chapter VI: Conservation policy.

Article L116-1

The repression of offenses against the conservation police of the public road domain is pursued before the judicial jurisdiction, subject to preliminary questions falling within the competence of the administrative jurisdiction.

Article L116-2

Without prejudice to the competence recognized for this purpose to other officials and agents by the laws and regulations in force, may record breaches of the conservation police of the public road domain and draw up reports concerning these offenses:

1 ° On the roads of all categories, the municipal police officers, the rural guards of the communes and the sworn private guards;

2 ° On 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 supervisors and State public works agents, when they are commissioned and sworn in for this purpose;

3 ° On departmental roads, the officers of the department commissioned and sworn in for this purpose;

4 ° In Corsica, on the routes of the local authority, the officials of the authority commissioned and sworn in for this purpose;

5 ° In the overseas departments, on regional routes, the agents of the region commissioned and sworn in for this purpose.

The reports drawn up in the field of roads are authentic until proven otherwise.

Article L116-3

The reports of offenses to the police for the conservation of the public road domain are sent to the public prosecutor and, depending on whether the road belongs to the public road domain of the State or of a local authority, either to the representative of the State in the department, either to the president of the general council or to the mayor.

Article L116-4

Violations of the police for the conservation of the public road domain can be prosecuted at the request of the departmental director of equipment or the head of the technical service concerned. They can have the defendants and the persons responsible in civil law summoned by agents of the administration.

Article L116-5

When the offenses concern the national road system, the functions of public prosecution at the police court can be fulfilled by the departmental director of equipment or by the agent designated by him to replace him; before the criminal court and the court of appeal, the departmental director of equipment or his delegate may present the case or be heard in support of his conclusions.

Article L116-6

The action for reparation of the attack on the public road domain, in particular that tending to the removal of the works made, is imprescriptible.

The convicted persons bear the costs and expenses of the proceedings, as well as the costs of the provisional and urgent measures that the administration may have had to take.

Article L116-7

The court seized of an offense against the police for the conservation of the public road domain may order the immediate cessation of works, the continuation of which would be likely to undermine the integrity of the public highway or its dependencies or to aggravate the ‘infringement already achieved.

The decision is enforceable on the minute notwithstanding opposition or appeal. The administration takes all necessary measures to ensure its immediate application.

Article L116-8

In matters of offenses relating to the conservation police of the national public road domain, the minister in charge of roadways can deal with litigants as long as a final judgment has not been reached.

Chapter VII: Technical devices for the prevention and detection of traffic violations.

Article L117-1

Technical devices intended to ensure compliance with the highway code or enabling officials and authorized agents to observe violations of said code are integrated into the infrastructure and road equipment. Their characteristics are fixed by decree of the competent ministers.

A Council of State decree specifies the modalities according to which this provision applies to the different categories of existing or to be created roadways, taking into account in particular the amount of traffic, and the financing conditions of these devices by the managers. of the public road domain and their concessionaires.

Chapter VIII: Safety of works on the road network, the operation of which presents particular risks for the safety of persons.

Article L118-1

Construction work or substantial modification of a work in the road network the operation of which presents particular risks to the safety of persons cannot be undertaken before the State has issued an opinion on a preliminary file addressed to the representative of the State, accompanied by a safety report drawn up by an expert or a qualified, approved body. This report specifies in particular the operating conditions of this structure with regard to the natural or technological risks likely to affect it.

The work can only be undertaken upon receipt of the opinion of the State representative on this file or, failing this, at the expiration of a period of four months from its submission.

A decree in Council of State sets the conditions of application of this article and, in particular, the categories of works to which its provisions apply, as well as the works for which means of fire fighting and rescue must be set up nearby and defined in a file attached to the request for the authorization referred to in article L. 118-2.

Article L118-2

The commissioning of the works of the road network mentioned in article L. 118-1 and belonging to the categories fixed by the decree provided for in the last paragraph of this same article is subject to an authorization. This is issued by the State, depending on the security guarantees offered by the characteristics and operating methods of the work, after consultation with an administrative commission ensuring in particular the representation of local authorities. It may be accompanied by restrictive conditions of use.

This authorization constitutes approval of the operating instructions established by the contracting authority and applicable to each structure, which include at least a periodic safety examination by an expert or a qualified, approved body.

For works in service, the operation of which presents particular risks for the safety of persons, the State representative may prescribe the establishment of a diagnosis, restrictive operating measures or, in the event of immediate danger, order the work to be closed to the public.

The conditions of application of this article are fixed by decree of the Council of State.

Article L118-3

Decrees may set technical safety characteristics in terms of design or operation, applicable to the works of the road network mentioned in Article L. 118-1.

These decrees must take into account the specificity of local authorities when they are the contracting authorities.

Article L118-4

The provisions of this chapter are not applicable to works whose construction and operating conditions are determined by international conventions.

On these structures, when international commitments allow it, violations of the highway code or traffic regulations specific to the structure committed on the French side may be noted by an officer or a police officer at the exit of the road. ‘work in foreign territory.

If it is a contravention falling under the procedure of the fixed fine, the offender may pay the amount of the fixed fine or the reduced fixed fine into the hands of the enforcement officer, in accordance with the provisions of Articles 529-1 and 529-8 of the Code of Criminal Procedure, and the provisions of Article L. 121-4 of the Highway Code are applicable.

Article L118-5

For each tunnel of more than 500 meters located on the trans-European road network, the contracting authority appoints, after agreement from the State representative, a security officer who coordinates the preventive and protective measures aimed at ensuring safety. users and operating staff. The functional autonomy of the security guard is guaranteed for the exercise of his duties.

The contracting authority transmits incident or accident reports and investigation reports to the representative of the State, to the security agent and to the intervention services.

Exceptions to the safety requirements applicable to these structures are subject to consultation with the European Commission. This consultation suspends the period provided for in the second paragraph of article L. 118-1.

A Council of State decree sets the conditions for the application of this article, in particular the list of tunnels to which it applies.

Chapter IX: Information systems on the road network.

Article L119-1

The prefect sends 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 for 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.

Chapter X: European electronic toll service.

Article L119-2

The European electronic toll service concerns payments made by users of road network works by means of an electronic device requiring the installation of on-board electronic equipment in vehicles.

Payment systems installed on works of purely local interest whose turnover is less than an amount fixed by decree are not concerned.

Article L119-3

The payment systems referred to in the first paragraph of Article L. 119-2, put into service as of January 1, 2007, use one or more procedures defined by decree.

TITLE II: National roads.

Chapter I: Provisions common to motorways and

national roads.

Article L121-1

The roads in the national public road domain are:

1 ° The highways;

2 ° National roads.

The national public road domain is made up of a coherent network of motorways and roads of national or European interest. Decrees in the Council of State, updated every ten years, determine, among the itineraries, those which meet the aforementioned criteria.

The State preserves in the national public road domain, until their decommissioning, the sections of national roads not having a departmental vocation and having to join the municipal public road domain.

Article L121-2

The occupation of the national public road domain or the use of it within limits exceeding the right of use which belongs to all is subject to the authorization provided for by article L. 28 of the code of the domain of the State.

Article L121-3

The provisions of article L. 15-9 of the code of expropriation for public utility, relating to the taking possession of land in case of extreme emergency, are applicable to highways and national roads.

Chapter II: Motorways.

V ° HIGHWAYS

Section 1: General provisions.

Article L122-1

The motorways are roads without crossing, accessible only in points arranged for this purpose and reserved for vehicles with mechanical propulsion.

Article L122-2

Properties bordering highways do not have direct access to them. The riparian owners exercise the other rights granted to residents of public roads only subject to the conditions provided for by decree of the Council of State.

Easements intended to prevent the abuse of advertising may be imposed on neighboring properties under conditions set by decree of the Council of State.

Article L122-3

The prescriptions to be observed in the event of the laying of pipes or overhead lines inside the rights-of-way of the motorways are fixed by decree of the Council of State.

Article L122-4

The use of the motorways is in principle free.

However, a toll may be instituted by decree in the Council of State for the use of a motorway in order to ensure the total or partial coverage of expenses of any kind related to construction, operation, transport. ‘maintenance, development or extension of the infrastructure.

In the event of delegation of public motorway service missions, the toll also covers the remuneration and depreciation of the capital invested by the delegatee.

Structures or arrangements not provided for in the delegation’s specifications may be included in the basis of the latter, under the strict condition of their necessity or their usefulness, as well as their accessory nature in relation to the main structure. . The duration of the delegation may be extended when their financing cannot be covered by the reasonable increase in toll tariffs, the extension of this duration as well as the increase in tariffs which must be strictly limited to what is required. is necessary. Where appropriate, the State and the local authorities concerned, within the framework of the rules provided for in the general code of local authorities, may, on an exceptional basis, provide assistance. A decree in Council of

The delegation agreement and the appended specifications set out the conditions under which the delegatee carries out the missions entrusted to him by the State and in return for which he is authorized to collect tolls. These acts are approved by decree in the Council of State. In the event of a contribution from local authorities to the financing of the delegation, the specifications provide for a mechanism for sharing part of the financial results of the delegation for the benefit of the State and the contributing local authorities, in the event of financial results exceeding initial forecasts.

A decree in the Council of State determines the conditions of application of this device.

The revenue from the toll covers its collection costs.

 

Article L122-4
Modified by LAW n ° 2015-990 of August 6, 2015 – art. 15

The use of the motorways is in principle free.However, a toll may be instituted by decree of the Council of State, taken after consultation with the Regulatory Authority for rail and road activities, for the use of a motorway in order to ensure total or partial coverage of traffic. expenditure of any kind related to the construction, operation, maintenance, development or extension of the infrastructure.

In the event of delegation of public motorway service missions, the toll also covers the remuneration and depreciation of the capital invested by the delegatee.

Structures or arrangements not provided for in the delegation’s specifications may be included in the basis of the latter, under the strict condition of their necessity or their usefulness, as well as their ancillary nature in relation to the main structure. . Their financing can only be covered by an increase in toll prices, reasonable and strictly limited to what is necessary. Where appropriate, the State and the local authorities concerned, within the framework of the rules provided for in the general code of local authorities, may, on an exceptional basis, provide assistance. A decree by the Council of State, taken after consulting the regulatory authority for rail and road activities,

The delegation agreement and the appended specifications set out the conditions under which the delegatee carries out the missions entrusted to him by the State and in return for which he is authorized to collect tolls. These acts are approved by decree of the Council of State, where applicable under the conditions provided for in article L. 122-8. The specifications provide for a mechanism for moderating toll prices, reducing the duration of the concession or a combination of the two, applicable when toll revenues or financial results exceed initial forecasts. In the event of a contribution from local authorities or the State to the financing of the delegation, this mechanism may, instead or in addition, provide for the sharing of part of the financial results of the delegation for the benefit of the State and the contributing local authorities. A decree in the Council of State determines the conditions of application of this device.

The differentiation in the subscriptions offered by motorway dealers in order to favor vehicles with very low emissions whose total authorized weight is less than 3.5 tonnes as well as vehicles used in carpooling is implemented under the responsibility of concessionaires without changing the rate of change in toll tariffs and without increasing the duration of motorway concessions.

The revenue from the toll covers its collection costs.

 

Article L122-4-1

Tolls levied on motor vehicles or combinations of coupled vehicles intended exclusively for the transport of goods by road, and having an authorized total laden weight equal to or greater than 12 tonnes, are applied without direct or indirect discrimination on the grounds of the nationality of the carrier or origin or destination of transport.

Article L122-4-1 ..

Modified by LAW n ° 2015-990 of August 6, 2015 – art. 15

In the event of delegation of the motorway public service missions, the delegation agreement, the annexed specifications, including the version modified by their amendments, as well as the other contractual documents, are made available to the public by electronic means, according to of the procedures adopted by the competent administrative authority. The competent administrative authority also decides on the procedures for consulting documents whose volume or characteristics do not allow them to be made available electronically.This publication is carried out with respect for secrets protected by law.

 

Article L122-4-2

Without prejudice to the provisions of article 40-1 of law n ° 93-122 of January 29, 1993 relating to the prevention of corruption and the transparency of economic life and public procedures, the person delegated to a motorway in application of article L. 122-4 communicates each year to the local authorities which participate with it in its financing a report comprising the accounts retracing all the operations relating to the execution of the public service delegation, an analysis of the quality of service as well as the conditions of execution of the public service.

Article L122-5

Portions of motorways, whose retention in the national road network is no longer justified because of the opening of a new lane or the change of route of an existing lane, can be classified in the departmental or municipal public road domain. .

When the local authorities concerned, duly consulted, have made known their disagreement within five months, the classification can only be pronounced by decree in the Council of State.

Section 2: Financial provisions.

Article L122-6

Loans issued to finance highway construction operations included in the national road network improvement plans may benefit from the State guarantee.

Advances may, moreover, be granted by the State, during the first financial years, to ensure the balance of the operation of semi-public companies in which public interests are in the majority.

Article L122-7

Receivables that the State holds on semi-public companies concessioning motorways either in application of the last paragraph of Article L. 122-4, or in application of the second paragraph of Article L. 122-6, or finally in respect of the triggering of the guarantee provided for in this last article, are transferred to a public establishment called “Autoroutes de France”.

The statutes of this establishment are fixed by decree of the Council of State.

Its board of directors includes two parliamentarians appointed, one by the National Assembly, the other by the Senate.

Article L122-8

The date of the transfer provided for in the preceding article is either that of September 2, 1983 for advances granted before that date to existing semi-public companies, or, where applicable, that of the effective transformation of concessionary companies with private capital into semi-public companies, or, finally, for other advances granted subsequently, the date of their payment.

The amount of receivables transferred is that recorded on the date of the transfers.

Article L122-9

As soon as its financial situation permits, taking into account the implementation of the provisions of Articles L. 122-10 and L. 122-11, the institution will reimburse these debts to the State under conditions set by decree.

Article L122-10

The specifications of semi-public concession companies must provide that companies whose annual financial years show a surplus balance, as defined below, are required to reimburse immediately, within the limit of this surplus, the receivables transferred to the company. establishment under article L. 122-7.

The balance mentioned in the previous paragraph is equal to the difference between, on the one hand, the operating income of the company, and, on the other hand, its operating expenses plus loan repayments.

Article L122-11

The institution may grant advances to semi-public concessionaires which are reimbursed to it under the conditions provided for in Article L. 122-10.

Section 3: Regulation of toll tariffs.

 

Article L122-7
Created by LAW n ° 2015-990 of August 6, 2015 – art. 13
The regulatory authority for rail and road activities mentioned in article L. 2131-1 of the transport code ensures the proper functioning of the motorway toll tariff system.
 

 

Article L122-8 .
Created by LAW n ° 2015-990 of August 6, 2015 – art. 13 
The Regulatory Authority for Rail and Road Activities is consulted on plans to modify the delegation agreement, the appended specifications or any other contract when they have an impact on toll prices or on the duration of the service. delegation agreement. It is also consulted on any new delegation project. In particular, it verifies compliance with Article L. 122-4. It decides within three months of its referral.

 

Article L122-9 .
Created by LAW n ° 2015-990 of August 6, 2015 – art. 13

The regulatory authority for rail and road activities draws up, at least once every five years, a public report on the general economy of the delegation agreements.The regulatory authority for rail and road activities draws up an annual summary of the accounts of the concessionaires. This summary is public and sent to Parliament.

In addition, the regulatory authority for rail and road activities monitors the internal rates of return of each concession on an annual basis.

 

 

Article L122-10
Created by LAW n ° 2015-990 of August 6, 2015 – art. 13

The additional income from toll tariffs resulting from the modifications mentioned in article L. 122-8 cover, in addition to the expenses of any kind mentioned in the second paragraph of article L. 122-4 , the depreciation of the capital invested by the delegatee as well as reasonable remuneration in accordance with market conditions, as they can be assessed before the conclusion of the amendment.

 

Article L122-11
Created by LAW n ° 2015-990 of August 6, 2015 – art. 13
The terms of application of this section are specified by decree of the Council of State, taken after advice from the Regulatory Authority for rail and road activities.

 

Chapter III: National roads.

Article L123-1

The roads in the national public road domain other than the motorways defined in article L. 122-1 are called national roads.

The character of expressway may be conferred on them under the conditions set out in Articles L. 151-1 to L. 151-5.

Section 1: Classification and downgrading.

Article L123-2

The classification in the national road network of a departmental road or an existing municipal road can only be done with the agreement of the community concerned.

The agreement is deemed to be acquired if it has not been expressly refused within the period of five months.

Article L123-3

The reclassification in the departmental or municipal roads of a downgraded road or section of national road is pronounced by the administrative authority when the interested community, duly consulted, has not, within five months, given an unfavorable opinion.

In the event of an unfavorable opinion within this period, the reclassification may be pronounced by decree in the Council of State when this downgrading of the section of track is motivated by the opening of a new track or the change of route of a track. existing.

Article L123-4

By way of derogation from article L. 112-8, in the event of a downgrading of a section of national road without reclassification, the minister in charge of the national road network or, by delegation, the representative of the State in the department may remit free of charge, before any transfer of decommissioned land, a strip of land to create a path necessary to serve neighboring properties, on which the provisions of Chapter III of Title II of Book I of the Rural Code apply.

Article L123-5

The provisions of Articles L. 123-2 and L. 123-3 do not apply in the cases mentioned in Articles L. 318-1 of the Town Planning Code and L. 165-14 of the Municipalities Code.

Section 2: Alignment.

Article L123-6

National road alignment plans are approved by reasoned decree of the State representative in the department when the conclusions of the investigating commissioner or the commission of inquiry are favorable.

Otherwise, they are approved by decree of the Council of State.

Article L123-7

The alignment plans for national roads located in built-up areas are submitted to the municipal council for an opinion, in application of 1 ° of article L. 121-28 of the municipal code.

Section 3: Provisions relating to the creation of roads leading to national roads.

Article L123-8

The public or private roads to be created which must either cross a national road or end there can only be established, in their parts in contact with this road, according to projects previously approved by the qualified authority which may make its approval subject to approval. , in particular, the adoption of measures to avoid any shearing of traffic currents on this road.

TITLE III: Departmental roads.

Unique chapter.

Article L131-1

The roads which form part of the departmental public road domain are called departmental roads.

The character of expressway may be conferred on them under the conditions set out in Articles L. 151-1 to L. 151-5.

Article L131-2

The technical characteristics to which departmental roads must meet are fixed by decree.

Expenses relating to the construction, development and maintenance of departmental roads are the responsibility of the department.

Article L131-3

The president of the general council exercises on the departmental roads the attributions mentioned in the fifth paragraph of article 25 of the law n ° 82-213 of March 2, 1982 relating to the rights and freedoms of the communes, the departments and the regions.

Article L131-4

The classification and downgrading of departmental roads is the responsibility of the council

general. The latter is also responsible for establishing alignment plans

and leveling, opening, straightening and widening of these roads.

The deliberations of the General Council concerning the classification or downgrading are

exempt from prior public inquiry except when the proposed operation is

consequence of undermining the service or traffic functions provided by the

way.

In the absence of an investigation falling under another regulation and having related to this classification

or downgrading, the investigation made necessary by virtue of the previous paragraph takes place

in accordance with the procedures provided for in Articles R. 131-3 to R. 131-8.

When the operation involves an expropriation, the public utility survey takes the place of

the investigation provided for in the previous paragraph.

The general council is also competent to approve projects, plans and

estimate of works to be carried out for the construction and rectification of roads.

Article L131-5

The deliberation of the general council deciding the rectification or widening of a route

existing entails, when it is enforceable, transfer to the benefit of the

ownership of plots or part of undeveloped plots located within the boundaries

fixed by the plot plan, to which it refers and which is annexed to it.

In the absence of an amicable agreement, the compensation is fixed and paid as in

of expropriation.

Article L131-6

The alignment plans for departmental roads, located in built-up areas, are

submitted for opinion to the municipal council in application of 1 ° of article L. 121-28 of the code

of the communes.

Article L131-7

Outside the agglomerations, the president of the general council exercises, in matters of

coordination of works affecting the soil and subsoil of departmental roads,

powers attributed to the mayor by article L. 115-1.

The general council exercises the same powers as those devolved on the municipal council

by article L. 141-11.

In an emergency, the chairman of the general council can have the general council executed, without

in advance and at the expense of the occupant, the work he deems necessary for

maintenance of road safety on departmental roads.

The representative of the State in the department can intervene under the same conditions

than those provided for in the seventh paragraph of Article L. 115-1.

Article L131-8

Whenever a departmental road maintained in a state of viability is

usually or temporarily is used by vehicles whose traffic

leads to abnormal deterioration, either degraded by mining,

quarries, forests or any other business, it may be imposed on entrepreneurs or

owners of special contributions, the proportion of which is proportionate to the

degradation caused.

These contributions can be paid in money or in benefits in kind and make

the subject of a subscription.

In the absence of an amicable agreement, they are settled annually at the request of

departments by the administrative courts, after expertise, and recovered as in

direct taxes.

TITLE IV: Municipal roads.

Unique chapter.

Article L141-1

The tracks which form part of the municipal public road domain are called tracks.

communal.

The character of expressway may be conferred on them under the conditions laid down in articles

L. 151-1 to L. 151-5.

Section 1: Right of way of the municipal road public domain.

Article L141-2

The mayor exercises on the municipal road the attributions mentioned in 1 ° and 5 ° of

Article L. 122-19 of the Municipalities Code.

Article L141-3

The classification and downgrading of municipal roads are pronounced by the council

municipal. The latter is also responsible for drawing up plans

alignment and leveling, opening, straightening and widening of lanes.

The deliberations concerning the classification or the downgrading are exempted

preliminary public inquiry, except when the proposed transaction results in

undermine the service or traffic functions provided by the track.

In the absence of an investigation falling under another regulation and having related to this classification

or downgrading, the investigation made necessary by virtue of the previous paragraph takes place

in accordance with the procedures provided for in Articles R. 141-4 to R. 141-10.

The inquiries provided for in Articles L. 123-3-1 and L. 318-3 of the Town Planning Code take into

place of the investigation provided for in the previous paragraph. The same goes for the utility survey

public when the operation involves an expropriation.

Article L141-4

When the findings of the investigating commissioner are unfavorable, the municipal council

can override by reasoned deliberation.

Article L141-5

If the road belongs to two or more municipalities, it is decided after investigation by

concordant deliberations of the municipal councils.

The same applies when roads belonging to two or more municipalities

constitute the same route between two intersections of tracks or paths.

In case of disagreement, it is ruled by the representative of the State in the department. This

last sets, if applicable, the proportion in which each municipality contributes to

work and maintenance.

Article L141-6

The deliberation of the municipal council deciding the rectification or the enlargement of a

Existing route carries, when it is enforceable, transfer, for the benefit of the municipality, of the

ownership of plots or parts of undeveloped plots located within the boundaries

fixed by the plot plan to which it refers and which is annexed to it.

In the absence of an amicable agreement, the compensation is fixed and paid as in

of expropriation.

Article L141-7

The technical characteristics that municipal roads must meet are

fixed by decree.

Section 2: Maintenance of municipal roads.

Article L141-8

The maintenance costs of municipal roads are part of the compulsory expenditure.

charged to the municipalities by Article L. 221-2 of the Municipalities Code.

Article L141-9

Whenever a municipal road maintained to a state of viability is usually

or temporarily is used by vehicles whose traffic involves

abnormal deterioration, either degraded by the exploitation of mines, quarries,

forests or any other business, it can be imposed on entrepreneurs or owners

special contributions, the proportion of which is proportional to the damage caused.

These contributions can be paid in money or in benefits in kind and make

the subject of a subscription.

In the absence of an amicable agreement, they are fixed annually at the request of the municipalities

by administrative courts, after expertise, and collected as in tax matters

direct.

Section 3: Provisions relating to the coordination of work

carried out on the municipal roads located outside the

agglomerations.

Article L141-10

Outside urban areas, the mayor exercises the powers defined in article L.

115-1 for work affecting the soil and the subsoil of municipal roads.

The representative of the State may intervene under the same conditions as those provided for in

Article L. 115-1.

Section 4: Provisions relating to work affecting the soil and

the basement of the municipal roads.

Article L141-11

The municipal council determines, after consultation with the departments or individuals

intervening in the public domain, the methods of carrying out the repair works

municipal roads in which trenches have been opened. He determines

also the evaluation of the costs that can be claimed from the interveners when these

the latter did not carry out all or part of this work.

In case of emergency, the mayor can have it executed ex officio, without prior notice and

at the occupant’s expense, the work he deems necessary to maintain security

road on the roads for which the traffic police are under its jurisdiction.

The conditions of application of this article are fixed by decree of the Council of State.

Section 5: Provisions applicable in the event that there is a

public establishment of inter-municipal cooperation.

Article L141-12

The powers devolved to the mayor and the municipal council by the provisions of this

code are exercised, where applicable, by the president and by the deliberative assembly of

the competent public inter-municipal cooperation establishment.

TITLE V: Channels with special status.

Chapter I: Express routes.

Article L151-1

Expressways are roads or sections of roads belonging to the public domain

of the State, departments or municipalities, accessible only at points

designed for this purpose, and which may be prohibited to certain categories of users and

vehicles.

Article L151-2

The character of expressway is conferred on a road or a section of road, existing

or to be created, by ministerial decree when the road belongs to the public domain of the State and

by prefectural decree in other cases.If it is a new road, the decree may

carry declaration of public utility. It is then taken after a public inquiry and opinions of

departments and municipalities whose territory is crossed by the road. On the road

express, the construction works of ancillary works, widening and

connection to other public roads are made and classified as expressway by

prefectural decree The investigation prior to the declaration of the project or prior to the

declaration of public utility also relates to the classification and the conditions of

opening up of riparian properties possibly affected by a

modification of their conditions of access to a public thoroughfare.

The opinions mentioned in the first paragraph must be given by the assemblies

deliberating within two months of the referral. Lack of notice within this period

is worth a favorable opinion.

The expressway character is removed in the same forms.

Article L151-3

Properties bordering expressways do not have direct access to them.

From the publication of the decree conferring on a road or section of road the character of

expressway, no access can be created or modified by residents, but the

prohibitions applicable to existing accesses can only come into force after the

restoration of service to the plots concerned.

Easements intended to prevent misuse of publicity may be imposed on

neighboring or neighboring properties under the conditions set by decree in the Council of State.

Article L151-4

The development of new access points on an express road in service and the

removal of existing access points are decided or authorized by the State, after

public inquiry and, if necessary, after declaration of public utility, under the conditions

fixed by regulation.

Article L151-5

The provisions of Article L. 15-9 of the Code of Expropriation for Public Utility,

relating to the taking possession of the land in case of extreme emergency, are applicable

to expressways.

Chapter II: Deviations.

Article L152-1

When a busy road, within the meaning of the highway code, is diverted for the purpose of

bypassing a built-up area, riparian properties do not have direct access to the

detour.

Article L152-2

As soon as a road or section of road is incorporated into a detour, no access

can be created or modified by residents, but the prohibitions applicable to access

existing services can only come into force after the re-establishment of service to

interested plots.

Chapter III: Structures.

Section 1: General provisions.

Article L153-1

The use of works of art is in principle free.

However, it can be instituted when the utility, dimensions, cost of a work of art

belonging to the national, departmental or municipal roads as well as the service

returned to users justify it, a toll for its use in order to ensure the

total or partial expenditure of any kind related either to construction or, when

these missions are the subject of a public service delegation agreement, at the

construction, operation and maintenance or operation and maintenance of the work

art and its access or exit routes.

In the event of delegation of these public service missions, the toll also covers the

remuneration and amortization of capital invested by the delegatee.

The revenue from the toll covers its collection costs.

Article L153-2

The institution of a toll for the use of an engineering structure is decided, after consulting the council

regional, the municipalities crossed and, where applicable, the organizations referred to in Article L.

153-5:

– by decree of the Council of State if the road belongs to the public domain of the State;

– by deliberation of the deliberative body of the community concerned if the road belongs to

in the public domain of a department or a municipality.

Article L153-3

In the event of delegation of all or part of the construction, operation and

maintenance of an engineering structure, the delegation agreement and the attached specifications

set the conditions under which the delegatee performs the tasks assigned to him

entrusted, as the case may be, by the State, the department, the municipality or the grouping of

local authorities and in return for which it is authorized to collect

tolls.

When the delegation is granted by the State, these acts are approved by decree in

Board of state.

Article L153-4

The administrative act establishing a toll on an engineering structure connecting roads

departments can provide for different prices or free according to the various

categories of users to take into account either a need of general interest in relation to

with the operating conditions of the engineering structure, i.e. the particular situation of

certain users, and, in particular, those who have their domicile or place of work in

the department (s) concerned.

Article L153-4-1

Tolls levied on motor vehicles or coupled combinations of vehicles

intended exclusively for the transport of goods by road, and having a total weight in

authorized load equal to or greater than 12 tonnes, are applied without direct discrimination

or indirect due to the nationality of the carrier or the origin or destination

transport.

Article L153-5

The provisions of Articles L. 153-1 to L. 153-4-1 are applicable to structures

belonging to the road network whose management is devolved to a public establishment of

inter-municipal cooperation with its own tax system or a mixed union with competence

in the creation or development and maintenance of roads.

These provisions are not applicable to works of art included in the right of way of

motorways subject to a toll by virtue of the provisions of article L. 122-4.

A Council of State decree sets the conditions for the application of Articles L. 153-1 to L.

153-4-1.

Section 2: Special provisions.

Article L153-7

The conditions for the construction and operation of the road tunnel under Mont-Blanc make

the object:

1 ° From the agreement signed in Paris on March 14, 1953, between the French Republic and the

Italian Republic, ratified by Law n ° 57-506 of April 17, 1957;

2 ° The amendment to the said agreement dated March 25, 1965;

3 ° The exchange of letters of March 1, 1966 between France and Italy relating to the

creation of a Franco-Italian commission to control the tunnel under Mont-Blanc.

Article L153-8

The conditions for the construction and operation of the Fréjus road tunnel are the subject of the

convention and protocol relating to tax and customs matters, signed in Paris on 23

February 1972 between the French Republic and the Italian Republic, ratified by Law no.

72-627 of July 5, 1972.

The provisions of Articles L. 122-7 to L. 122-11 relating to the public establishment “

Autoroutes de France “are applicable to the French company concessionaire of the tunnel

du Fréjus under the same conditions as for mixed economy concessionaires

of highways.

Article L153-9

The Chamber of Commerce and Industry of Le Havre has, by virtue of the agreement passed

with the State on December 18, 1950, approved by Law No. 51-558 of May 17, 1951, the right

collect tolls and operate a road bridge over the Seine at Tancarville.

Any modifications to the clauses of the specifications annexed to the agreement

above are approved by decree of the Council of State.

By way of derogation from the provisions of Article L. 153-2, these modifications may authorize the

concessionaire to allocate part of the toll proceeds to financing the

construction of a new Seine crossing downstream from Tancarville.

TITLE VI: Provisions applicable to tracks not belonging

not in the public domain.

Chapter I: Rural roads.

Article L161-1

The rural roads belong to the private domain of the municipality. They are assigned to the

public circulation and subject to the provisions of Chapter I of Title II of Book I of the Code

rural.

Article L161-2

The provisions of Articles L. 113-1, L. 114-7, L. 114-8, L. 115-1, L. 141-10 and L. 141-11

are applicable to rural roads.

Chapter II: Private roads.

Section 1: General provisions.

Article L162-1

The provisions of Article L. 113-1 are applicable to private roads open to

public traffic.

Section 2: Paths and operating trails.

Article L162-2

The roads and trails are subject to the provisions of articles 92 to 96 of the

rural code.

Article L162-3

The provisions of Articles L. 114-7 and L. 114-8 are applicable to paths and trails

operating when they are open to public traffic.

Section 3: Other private roads.

Article L162-4

Private roads that do not have the character of roads or operating trails are

governed by the rules of common law in matters of property subject to the

provisions of Article L. 162-1 and those of this section.

Article L162-5

Ownership of private roads open to public traffic in housing estates

housing can be transferred to the public domain of the municipality on the territory

of which these tracks are located under the conditions set out in Article L. 318-3 of the Code of

town planning.

Article L162-6

The laws and regulations relating to the hygiene of public roads and houses bordering

these roads are applicable to private roads, whether or not open to public traffic, in

regarding the flow of wastewater and sewage as well as the supply of

water. All parts of a private road in which a sewer or a

water pipes are subject to a legal easement for this purpose.

Owners of private roads and waterfront buildings may be required to

form a union under the conditions set out in articles 2 to 18 of the law of 22 July

1912 relating to the cleaning up of private roads.

TITLE VII: Special provisions.

Chapter I: Provisions applicable to the city of Paris.

Article L171-1

The provisions of Titles I to VI are applicable to the public and private roads of the

city ​​of Paris, subject to the specific provisions of this chapter.

Section 1: Public roads.

Article L171-2

Operations relating to the establishment and maintenance of public lighting fixtures and

signaling as well as electric cables for public transport are

subject to the provisions of Articles L. 171-4 to L. 171-9, insofar as they affect the

riparian properties without leading to final dispossession.

Article L171-3

When the works lead to a final dispossession, the application of the

expropriation procedure, in the absence of an amicable agreement.

Article L171-4

The city of Paris can establish supports and anchors for public lighting fixtures

or signaling and, if applicable, for pipes and equipment therein

relating either to the exterior of the walls or facades facing the public thoroughfare, or to the

roofs and terraces of buildings on condition that they can be accessed from the outside, either

on all structures or projections on or under the public highway depending on the buildings

residents.

It can also establish conduits or supports on the ground or under the ground of

undeveloped properties that are not enclosed by walls or other equivalent fences.

Operators of public transport rail networks have the same rights in this regard.

which concerns the supports of signaling devices.

Article L171-5

The installation of supports on the walls of facades or on the roofs and terraces of buildings

may interfere with the owner’s right to demolish, repair or raise.

The installation of supports or pipes in open private land and not built on

no obstacle to the owner’s right to close or build.

The owner must, one month before starting the demolition work, repairs,

elevation or fence, notify the mayor.

Article L171-6

For the study of plans for the establishment of devices and supply lines,

agents of the administration may only enter private property by virtue of

a special authorization given under the conditions provided for by the law of 29 December

1892 on the damage caused to private property by the execution of public works.

Article L171-7

In the absence of an amicable agreement with the interested owners, the decision authorizing the installation

supports, pipes or equipment on private property is taken after

public survey.

Article L171-8

The mayor’s decree determines the work to be carried out. It is notified individually to

interested. Work can begin three days after this notification.

However, this period does not apply to maintenance work.

If the work has not started within fifteen days of the warning, it

must be renewed.

In case of emergency, the mayor, by a reasoned decree notified individually to the interested parties,

may prescribe the immediate execution of the work.

Article L171-9

The mayor’s decree authorizing the establishment of public lighting fixtures or

signage is automatically expired if it is not followed by the start of execution

within six months of its date or within three months of its notification.

Article L171-10

When the supports or anchors are placed outside the walls and facades, on the

roofs or terraces or when supports or pipes are placed in

open land, compensation that may be due to owners are paid by

judicial authority.

Article L171-11

The actions for compensation provided for in Article L. 171-10 are barred after a period of

two years from the day the work was completed.

Section 2: Private roads

Sub-section 1: Automatic sanitation.

Article L171-12

In private roads, the mayor may have the execution executed ex officio, under the conditions below:

indicated, first establishment work and major repairs required

for the application of the laws and regulations provided for in article L. 162-6.

If the work has already been the subject of an injunction order taken in application of Articles L.

26 et seq. Of the public health code and the aforementioned law of 22 July 1912 and

become enforceable, the mayor addresses by registered letter, to the owners or to their

trustee if one has been appointed, a formal notice to execute them within a deadline

that he fixes; this formal notice mentions that in the absence of execution within the period indicated

this work will be carried out automatically at the expense of the interested parties. At the end of this period, he

can be carried out, without further formality, the execution ex officio.

If an injunction has not been issued and if an emergency intervention is necessary, the

representative of the State in the department can prescribe by decree and have

ex officio, without prior notice, repair or consolidation work, to

summary and conservatory character, recognized as essential as well as, in the

open to public traffic and the list of which has been drawn up by decree, the works

recognized as necessary for traffic safety. He reports on his intervention to the

unsanitary housing commission.

Article L171-13

The mayor may, after formal notice sent by registered letter and not followed

effective within the time limit set, ensure, at the expense of the interested parties, the fulfillment of the prescriptions

of the sanitary regulations of the city of Paris relating to the maintenance of the track in good working order.

cleanliness and sanitation, in particular with regard to minor repairs to

track coverings, pipe disgorgement, leak removal,

the removal of deposits of rubble, garbage and refuse, the sweeping of

snow, ice breaking, lighting service, water supply.

In the event of imminent danger, the representative of the State in the department has the faculty of

prescribe by decree and have them executed ex officio, without prior notice, the

work necessary to remedy the hazard.

Sub-section 2: Classification of private roads open to

public traffic.

Article L171-14

Ownership of private roads open to public traffic may, upon deliberation of the

municipal council, and after a public inquiry be transferred to the public domain of the

city ​​of Paris.

The classification decision is taken by reasoned decree of the mayor when no declaration

contrary to the project is produced for investigation by one of the interested owners and that

the opinion of the investigation commissioner is favorable.

This decision, which includes the approval of an alignment plan, automatically incorporates

in the public domain of the city all the open land and not covered with constructions

between approved alignments. It authorizes the immediate execution of the work

sustainability and sanitation, as well as the recovery of the expenditure share

corresponding to the charge of residents.

The owners’ rights are resolved in compensation, which, in the absence of an amicable agreement, is

fixed as in the matter of expropriation.

Article L171-15

In the tracks classified in application of article L. 171-14, the city of Paris assumes

the interview based on the classification decision. The mayor decides when the

works must be carried out, subject only to having them carried out within the

six years.

Sub-section 3: Financial provisions.

Article L171-16

Expenses for work carried out automatically in application of the provisions of Articles L.

171-12 and L. 171-13, increased by 5% for overheads, are approved and distributed by the

mayor, after investigation, after hearing the trustee, between the owners of the track and

riparian buildings because of the interest of each property in carrying out the work,

taking into account, where applicable, the nature of the activities carried out in the buildings

residents and without prejudice to the remedies likely to be brought by the owner whose

It is about repairing the resulting deterioration.

The reimbursement of the sums due is payable without interest:

a) With regard to total or partial restoration or restoration work, in five

equal annuities, which expire twelve months in twelve months from the

date of completion of the work, the owners being always free to pay all or

part of these advance annuities;

b) For routine maintenance work, once after

completion of the work.

Article L171-17

For roads open to public traffic, the city can provide assistance

financial to the owners, and in particular to ensure the free installation of the installations

public lighting, water pipes and washing machines, free service

the lighting of the track and the supply of water necessary for the supply of

cisterns installed in sewer and washing devices.

Article L171-18

In the case of roads classified in the public domain of the city of Paris, in application

of the provisions of Article L. 171-14, the viability and remediation works

necessary for the repair or rehabilitation of these roads, in accordance with the regulations

sanitary facilities of the city of Paris, are carried out by the care of the city.

The expense corresponding to the work to be performed, less installation costs

public lighting, water pipes and public hydraulic devices, as well as

underground consolidations which remain the responsibility of the city, is fixed at a sum

lump sum according to the prices of the maintenance contracts in force on the date of classification.

This sum, increased by 5% for general administration costs, and after deduction,

where applicable, of the grants awarded, is distributed and reimbursement is

payable from the classification decision under the conditions indicated in Article L.

171-16 for total or partial restoration or restoration work.

Article L171-19

If the mayor considers it necessary to establish in the cases provided for in articles L. 171-12 and L.

171-18 a visitable sewer instead of a simple drainage pipe, at least half

the cost of establishing this sewer and transferring the water pipes to sewer

existing remains the responsibility of the city; the remainder is included in the amount to be recovered

on interested owners in the cases provided for in Articles L. 171-16 and L. 171-18.

Article L171-20

The mayor stops and makes enforceable the statements of the sums due in application of the articles

L. 171-13, L. 171-16, L. 171-18 and L. 171-19. The recovery is carried out as in

direct taxes.

Claims are presented and judged as in direct taxes.

For expenses recoverable by annual installments, claims relating to the fixing of

their amount or their distribution can only be presented when the

recovery of the first annuity.

The provisions of 1 of article 1920 of the general tax code relating to the tax

property rights are applicable until full reimbursement, and even against

successive owners of the building, to the amounts charged to the statements of

recovery. However, the privilege thus created ranks immediately after that of the

Public treasury for the collection of property tax.

Article L171-21

When a building has several co-owners, any injunction or notification to be made to

the execution of Articles L. 171-12 to L. 171-20 may validly be made to the person or persons

of them whose name or names appear on the contribution roll relating to the building.

All co-owners, whether or not entered on the roll, are jointly and severally liable for the payment of

the part of the expenditure relating to the building.

When a building is encumbered with usufruct, the execution of the aforementioned articles is

sued against the bare owner; the amount collected on it is

guaranteed by a lien on the immovable, which ranks on the date of the required registration

by the mayor by virtue of an extract from the recovery report which has become enforceable.

In the event of a change of ownership, the subsequent annuities are, in default of payment

by the previous owner entered on the roll, payable directly from the purchaser,

owner of the building, on the due dates, unless the latter recourse against the

indebted.

Section 3: Coordination of work.

Chapter II: Provisions relating to departments

overseas.

Article L172-1

Articles L. 114-7 and L. 114-8 [* scope *] are not applicable in the

departments of Guyana and Réunion.

Chapter III: Miscellaneous provisions.

Article L173-1

Articles L. 171-2 to L. 171-11 are applicable, upon deliberation by their meeting, to

municipalities and public intermunicipal cooperation establishments competent in

road, public lighting or public transport.

Article L173-2

The municipal council can ask the municipality to apply the provisions of the

Articles L. 171-12 to L. 171-21. The decision is taken by decree in the Council of State.

However, in this decree, a reservation will be made of those of the provisions of Articles L.

171-12 to L. 171-21 which meet special rules for the city of Paris, in particular in

concerning the free installation by the city of public lighting installations,

water pipes and washing devices as well as free lighting service

the way and the supply of the water necessary for the supply of the reservoirs of

flush installed in sewer and washing devices; account will also be taken, if there is

takes place, rules and uses specific to the municipality concerned.

Article L173-3

As stated in Article L. 321-11 of the Environmental Code reproduced below:

“Art.

L. 321-11

-At the request of the majority of municipalities or groups of municipalities

competent in matters of development, town planning or the environment of an island

maritime linked to the continent by an engineering structure, the General Council may institute a right

departmental passage due by the passengers of each land motor vehicle

borrowing this work between the mainland and the island.

The duty mentioned in the first paragraph is established and collected for the benefit of the department. He

may be collected by the operator of the work for repayment to the department.

The amount of this duty, which cannot exceed 3.05 euros per vehicle, is set by the council

general after agreement with the majority of municipalities and groupings of municipalities

mentioned in the first paragraph.

The deliberation of the General Council may provide for different prices or free admission depending on the

various categories of users to take into account either a need in the general interest

relationship with protected natural areas, or the particular situation of certain

users and, in particular, those who have their home or place of work on the island

concerned, or their domicile in the department concerned, or of the accomplishment

of a public service mission.

The revenue from the tax is entered in the department’s budget. It is intended, on the islands

concerned, to the exclusive financing of measures for the protection and management of

natural, within the framework of an agreement concluded between the prefect, the general council and the

municipalities and groupings of island municipalities mentioned in the first paragraph.

After deduction of charges related to its collection as well as operations for which the

department is the contracting authority, it is transferred to the municipal budget and

groupings of municipalities concerned within the framework of the aforementioned agreement.

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

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