This is a section of the Code of the road is very much maligned by professionals. Established by the law of 18 November 2016, in force from 1 January 2017, the article L121-6 request, in the event of a finding of excess speed committed with a vehicle of a company, that it condemns with the administration of the at-fault driver so that it regulates properly the PV. A provision that applies to “legal persons” and not to the professions or to autoentrepreneurs. This is what came to remind the Court of cassation, in a decree made on the 21st of April and spotted by Le Figaro.
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An act “unreasonably extended”
In effect, the Court of cassation was seized by an officer of the public ministry for an autoentrepreneur is condemned, because he had not denounced, and upon receipt of the speeding ticket. It recalls that article 121-6 applies only to legal persons and that ” the registration of a vehicle with the SIRET number of the contractor does not, for this reason alone, its owner or holder the status of a legal entity, so that its officer cannot be sued “. “The company advised her not being a legal person, its leader could not therefore be prosecuted,” adds the Court of Cassation.
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Interviewed by The Figaro, mr. Michel Benezra indicates that the Court merely reiterates the content of the law, the scope of which had been ” improperly extended to the liberal professions “. Another lawyer, mr. Eric de Caumont, reminds us that, in the logic of the administration, a doctor flashed for speeding would have had to self-terminate and pay the fine once the new PV is received. He calls on those who have been they are just acknowledged for non-dénociation, to join the new order of the Court to their appeal.
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