Question 13827 — road safety

Summary

Ms. Émilie Guerel draws the attention of the Minister, to the Minister of State, Minister of Ecological and Inclusive Transition, responsible for Transport, to the implementation of the post-parking package (FPS) and its damaging organizational and economic consequences which are currently weighing on shared mobility operators. Whereas previously, rental companies had the possibility, in the event of a fine of parking, to designate the tenant responsible, they must now, firstly, pay the FPS payment and then turn against the tenant in order to recover the amount. This situation is 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 payment of the FPS on the actual driver of the vehicle. Any clause introducing the automatic passing on of the FPS charge to the customer would be qualified as an unfair clause under consumer law. The financial consequences are particularly significant and go so far as to call into question the economic sustainability of shared mobility companies. Indeed, the FPS amounts are sometimes much higher than that of the average daily profit from short-term rental of a vehicle. The mobility orientation law must respond to the problems of daily mobility of users, it would however seem preferable to encourage the economic activity of shared mobility players, to the extent that the latter provide a response adapted to the mobility needs of users, represent a alternative to owning a vehicle and strongly contribute to the virtuous renewal of the vehicle fleet (rental fleets are made up of recent vehicles, renewed on average every 6 months). For all these reasons, it would like to know whether it would be in favor, in this specific context, of the establishment of a mechanism for designating the customer of the shared mobility operator.

Machine translation from French. The official text remains authoritative.

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