Question 13623 — road safety

Summary

Mr. Patrick Vignal questions the Minister of the Interior on the implementation of the post-parking package (FPS) and its organizational and economic consequences which currently weigh on shared mobility operators. Previously, rental companies had the possibility, in the event of a parking fine, to designate the tenant responsible, now they must first pay the FPS regulation and then turn against the tenant in order to recover the amount. Therefore, this situation is extremely detrimental to the rights and interests of shared mobility operators as well as tenant customers. Indeed, current legislation does not allow these operators to transfer, in the context of their activity, the responsibility for paying the FPS to the actual driver of the vehicle. In the present situation, any clause introducing, in the general conditions of rental contracts, the automatic passing on of the FPS charge to the customer would be qualified as an unfair clause under consumer law. This situation goes so far as to call into question the economic sustainability of shared mobility companies. Indeed, the amounts of FPS are sometimes much higher than that of the average daily profit from the short-term rental of a vehicle. This is why he asks that this situation, which is harmful to the activity of shared mobility operators, finds a rapid legislative solution in order to reestablish a mechanism for designating the responsible tenant.

Machine translation from French. The official text remains authoritative.

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