This is a new twist that is sure to call out to others in the coming months. This Monday, the State Council restored the technical control of two-wheeled motorized vehicles by repealing the government decree that canceled its application scheduled for early 2023. The highest administrative court used two arguments to justify this decision in the face of – what she considers an “excess power”.
On the one hand, it criticizes the absence of public consultation in the context of this suppression of technical inspection despite its direct and significant impact on the environment. On the other hand, he considers that the alternative measures that the government must apply in return are insufficient in the face of the requirements of the 2014 European directive that establishes this periodic technical inspection, in particular to improve the safety of motorcyclists on the road.
“Other measures cannot be taken into account in a useful way, because they are still in the draft phase or they are simple reflections,” adds the Council of State.
unfavorable circumstances
However, this decision immediately raises the question of the effective application of this technical control. Already last spring, Eric Thiollier, representative of the French Federation of Angry Bikers (FFMC), pointed out a lack of preparation when the decree would apply from the beginning of autumn, before the government takes place during the summer. “Nothing is ready, the controllers are not trained, the elements that will be checked are not known. It is unattainable for October 1”, Eric Thiollier was then outraged.
A defect also underlined by Vincent Thommeret, general manager of Yamaha France, who considers that the technical control could only be a “visual control” as it stands, due to the lack of infrastructure adapted to two-wheelers in the control networks.
“We have doubts about the appropriateness of a technical inspection every two years and rather we recommend a conformity control in resale so that dealers validate, for example, the purchase of a second-hand two-wheeler by certifying its conformity”, we He says. .
No immediate entry into force according to the government
For the Government it is a cold shower when the Ministry of Transport has precisely wanted to favor alternative measures to the technical control of motorized two-wheeled vehicles, which had been notified to the European Commission. Emmanuel Macron had also justified his opposition to this application so as not to “add constraints” on the French as a result of the health crisis.
The government did not take long to react indicating “to take note of the decision of the Council of State”:
“This decision does not lead to an immediate entry into force of the technical control, given the need to previously publish the application texts of the decree of August 9, 2021, he explains. A consultation by the Minister in charge of Transport with all interested parties will begin in the coming days to determine the measures to be implemented.”
The court has also opened the door to “a staggering in the time of the implementation of the technical control device” with “a differentiation based on the age of the vehicle”. The implementing measures must also specify “the conditions for implementing this control, in particular with regard to technical standards and the approval of technical control centers.”
Is punitive action needed?
Among the actors satisfied with the latest decision of the Council of State, are the associations that had seized it in mid-summer, after the government canceled the application of technical control. “The Council of State is calling the end of the recess. The technical control is finally in force and it is a victory for ecology and public health”, rejoices Tony Renucci, general manager of Respire, in a press release.
“The government is no longer in a position to buy time. It must stop seeing health and road safety as adjustment variables in its electoral calculations and act”, adds Gaël David, president of Ras Le Scoot, in the same document.
For his part, Vincent Thommeret especially asks the Ministry of the Interior to do its share of the work when a tiny part of two-wheeler accidents are attributable to mechanical problems: “The forces of order carry out checks and seizures to combat the scourge of non-compliant two-wheelers”.
Source: BFM TV
