The new PV prepared for “non-denunciation”, and that after the act came into force on 1 January, are definitely not originality. Not only that, they would be illegal, and therefore highly questionable, but they are written with the feet… With “Error” everywhere ! Here are exclusive some companies have had the surprise of receiving these past few weeks.
Hey no, this is not a joke. Much less a test. And the companies referred to by the new PV for “non-designation”, they sometimes receive a packet of dozens since the 8 April, certainly have no desire to laugh. It does, see notices of violation sent out in bulk with any error and the “Error” repeated, it is not very serious (see our example below). And it is little to say…
These multiple “Error” would come, as one might expect, a computer bug. The centre of Rennes is around it overheating ? “It just shows to what point the leaders of the drafting of these new minutes automated have had to endure to establish”, suspect Caroline Tichit, a lawyer specialized in the right road, and revolted by the implementation of this new law, which entered into force on the 1st January last.
Hp illegal !
As denounced very early on by Caradisiac, the pseudo-obligation to report, which in theory intends to constrain, for each company vehicle flashed, all of the bosses to expose their employees to, is highly debatable. But this time, it is the very way in which it is put in place that is abhorrent.
For Me Tichit, there is no doubt that to address, as this is the case, not to the guardians of societies who belong to the vehicles at fault, but directly to the companies themselves, in their claiming of a systematic five-fold increase of the fine, contrary to what foreseen by the new law, “it is simply illegal !” And necessarily, therefore, “properly ashamed !”
Disputes filed in a mass !
It is a litigation of mass. Because even if many enterprises prefer to pay this fine of 450 euros – at the rate reduced, therefore, payable within 15 days, otherwise the amount of the lump sum is set at 675 euros, and in 1 875 euros in case of increase ! -, very much so, considering the money at stake, have already decided to bring their case to court. “Very honestly, the companies should not hesitate,” insists the lawyer, because “they have all the chances to be relaxed”. According to it, the legal arguments to counter this new procedure does not fail. And reading the article L121-6 of the code of the Road, at the base of the prosecution, we can only give him reason.
It is written black on white : “the legal representative” of the companies listed – not the companies themselves – is concerned, and especially, the article in question provides only for fines of 135 euros (reduced to 90 euros). In addition, the law is never retroactive, these new PV can therefore arise as to offences committed from 1 January 2017. However, they have begun to rain, making mention of excess speed sometimes dating back to… November ! “The great no matter what!” takes Me Tichit.
Rennes completely overwhelmed ?
When we take the timing of the alleged offences and the date of the tickets upright, there is plenty to question. The first PV for “non-denunciation” are dated 8 April, but for offences established – we’re talking about the offence which would not have denounced person – which goes back to the 18 February !
As for the speeding initial, as mentioned above, some can be traced back to November, but the notices of contravention relating to them are always prepared to a date subsequent to January 1,… In both cases – whether it is the excess of the initial or of the “non-designation” – the offsets are very often well over a month ! Rennes lack of staff ? Or would it be decidedly on the edge of asphyxiation it ?
Our previous articles on the subject :
– Radar : the first PV for “non-denunciation” have arrived and would be “illegal” !
– PV radar – Denunciation required of employees by their bosses : beware of tall tales !
– Radar – Denunciation required of employees by their boss : looks like the PV !
– PV radar – Denunciation required of employees by the bosses : our tips
– Radar : to denounce the workers, it is potentially “the end of the automated system !”