Question 14236 — road safety

Summary

Mrs Cécile Muschotti questions the Minister of the Interior on 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 possibility, in the event of a parking fine, to designate the tenant responsible, now they must first pay the payment of the FPS and 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. Furthermore, in the event where the customer would like 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 considerable financial consequences and will to the point of calling 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, it is desirable that a modification of the MAPTAM law be considered in order to reestablish a mechanism for designating the responsible tenant. She asks him what the position of the Government on this issue.

Machine translation from French. The official text remains authoritative.

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