Question 13625 — road safety

Summary

Mr. Guy Bricout draws the attention of the Minister of the Interior to the implementation of the post-parking package (FPS) and its extremely damaging organizational and economic consequences which are currently weighing on shared mobility operators. Whereas previously rental companies had the option, in the event of a parking fine, to name the tenant responsible, now they must first pay the FPS payment then then turn against the tenant in order to recover the amount. This situation poses several major difficulties for shared mobility operators but also for rental customers. On the one hand, 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. Moreover, in In the event that the customer wishes to challenge the validity of the FPS, the law does not allow him to do so because the challenge can only be made by the holder of the registration certificate, in this case the shared mobility operator. This attack on the right to contest the FPS reveals a breach of the principle of constitutional value of the right to appeal. Furthermore, this situation has financial consequences considerable and goes so far as to call into question the economic sustainability of shared mobility companies. In fact, the FPS amounts are sometimes much higher than that of the average daily profit from short-term rental of a vehicle. Faced with this observation, he asks that a modification of the MAPTAM law be considered in order to reestablish a mechanism for designating the responsible tenant.

Machine translation from French. The official text remains authoritative.

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