Question 1424 — road safety

Summary

Mr. Patrick Hetzel draws the attention of the Minister of State, Minister of the Interior, to a deviation in the system of fines for failure to designate a driver. Since January 1, 2017, legal entities owning vehicles fined by automatic radars must name the driver at the time of the offense under penalty of a fine. This provision aims to encourage companies to “make their employees responsible” in the event of of infringement. While this provision is aimed at companies with several vehicles, it directly affects craftsmen, liberal professions or self-employed people, whose registration document is in their own name. They initially paid the fine for the offense for which they were fined in good faith. They then had the unpleasant surprise of receiving a 2nd fine for non-designation of driver. While there is only one person in the company, they did not have the reflex when paying the first fine notice to self-report to the authorities. Especially since, when it concerns a car acquired through a credit company, it was indicated on the first notice of violation: “the company designated you as the driver at the time of the violation”. The amounts of the fine for not designating a driver are astronomical: 675 euros, 450 euros in the event of payment within 15 days, increasing to 1,875 euros after 45 days. No mention appears on the tickets to explain to these people that they must contest the ticket by designating themselves, before being able to pay their fine. It seems that to date, all the people who have contested the ticket for non-designation with ANTAI have been rejected. Also, he asks what recourse is provided for all professionals practicing in their own name and who have paid their first infraction in good faith.

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