Yes, bikers will have to go through technical control, like motorists… for the moment. The Council of State ruled in favor of three associations which had seized the Council of State to challenge the timetable for the entry into force of the technical inspection of motorized two-wheelers that the Government had set for January 1, 2023.
They felt that this date was too late. “The interim judge observes that this control has been imposed by European law since January 1, 2022 and that the Government has neither waived any technical control, contrary to what it had announced, nor implemented alternative security which could, under European law, justify derogating from it, since it limited itself to announcing the project of such measures, more or less of direct effect “explains a press release from the assembly sages.
“The judge considers that, given the time required for the material implementation of the technical inspection, a postponement of entry into force, for the oldest vehicles, beyond October 1, 2022, is not justified. For these reasons, it is today suspending the timetable decided by the Government,” the press release explains.
Forgetting to modify the decree of August 9, 2021
Everything in this case is a question of law and the application of the law. The Council of State underlined in its decision that the government had, after publication of a decree on August 9, 2021, chosen not to apply this European directive in the end but had not modified the said decree in this sense… ” which therefore remains the last state of the law of which the judge in chambers was seized ”explains the Council of State.
Although the government did send a note to the European Commission on December 3, 2021 indicating its desire to put in place alternative road safety measures, which is authorized by European law, it has never specified what these measures would be. destination for two-wheelers. “The interim judge notes, however, that neither the written instruction nor the exchanges during the hearing made it possible to specify the exact content of the measures envisaged, the elements made public in the matter mentioning a certain number of measures of more or less direct effect. In any event, whatever the content of the notified measures, they have not been implemented,” the CE decision states.
“For these reasons, the judge in chambers considers that there is a serious doubt as to the legality of the decree setting the entry into force of the technical inspection for “two-wheelers” from January 1, 2023 and suspends it as that it postpone this obligation beyond October 1, 2022.” concludes the judge in chambers. The ball is now in the government’s court, which will have to review its copy, in a hot file. In 2021, several thousand bikers had demonstrated across France against the implementation of this technical control, calling on the State to purely and simply derogate from this European directive.
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