Question 14242 — road safety

Summary

Mr. Hervé Pellois questions the Minister, alongside the Minister of State, Minister of Ecological and Inclusive Transition, responsible for transport, 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. Rental companies that previously had the option in the event of a parking fine of designate the responsible tenant must, from now on, first pay the FPS payment and then turn against the tenant in order to recover the amount. 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, responsibility for payment of the FPS on the actual driver of the vehicle. Furthermore, in the event that the customer wishes to contest the validity of the FPS, the law does not allow him to do so because the contest can only be exercised by the holder of the registration certificate, in this case the shared mobility operator. In addition, any clause introducing, into the general conditions of rental contracts, the automatic passing on of the charge of the FPS on the customer would be qualified as an unfair clause under consumer law. This situation has considerable financial consequences and goes 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 the short-term rental of a vehicle. He wants to know the action which it intends to carry out so that this situation, which is particularly damaging to the activity of shared mobility operators, finds a rapid solution in order to re-establish a mechanism for designating the responsible tenant.

Machine translation from French. The official text remains authoritative.

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