Question 11231 — roads

Summary

Mr. Olivier Fayssat draws the attention of the Minister of the Interior to the difficulties encountered by many condominiums faced with situations of inconvenient parking on their private roads, particularly when this parking prevents or delays access for emergency services. As the law stands, the highway code limits its scope of application only to roads open to public traffic. The police do not can therefore neither observe nor fine parking inconveniences on private roads closed to traffic. The co-owners must then implement the procedure provided for in article L. 325-12 of the same code, which allows, at the request of the owner of the premises and under his responsibility, to remove vehicles left without rights in places not open to public traffic. However, this procedure, governed by the articles R. 325-47 to R. 325-52, requires in particular a formal notice from the owner of the vehicle within eight days, making its application particularly slow and unsuitable for emergency situations, in particular when a vehicle blocks an access route for firefighters or ambulances. Furthermore, a problem of effectiveness arises because owners are not allowed to have access to registration plate information to identify the owners of the vehicles in question. This procedural rigidity endangers the safety of residents and complicates the management of private real estate complexes, although they are often forced to provide fire or security access routes. Several co-ownerships have expressed their incomprehension regarding the impossibility for the police or gendarmerie to intervene, even at the request of the trustee, when a vehicle is in the way. clearly impedes traffic or compromises a rescue intervention. Also, he asks him if the Government plans to change the regulations in order to allow the police to intervene, or to carry out a direct requisition by the pound at the request of the trustee or the president of the union council, in co-ownerships whose regulations subject the internal roads to compliance with the highway code and prohibit the parking on safety lanes, in order to identify and immediately stop any annoying or dangerous parking, abandoned, dismantled, burned vehicles, carcasses used by drug users or sellers, within a clear and proportionate legal framework.

Machine translation from French. The official text remains authoritative.

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