Question 14462 — road safety

Summary

The objective of the parking reform, implemented since January 1, 2018, after several years of work, is to give more skills to local authorities to set up a real public parking service including the definition of the pricing strategy and better payment incentives. For this, the system moved from a logic of national criminal sanction, identical on the entire territory, to a logic of state occupation fees, decided and controlled by local authorities. Municipalities can now decide to require payment (fee) for all or part of the parking on their public roads as well as the amount of the post-parking fee (FPS) which is due in the event of immediate non-payment or partial payment of the corresponding parking fee. The amount of this FPS, for which the person liable is the holder of the registration certificate (CI), therefore varies from one municipality to another, unlike the criminal fine which punishes the offense of non-payment. If the taxpayer wishes to contest the post-parking fee, he must first file a mandatory prior administrative appeal (RAPO) within the month following notification of the FPS. In the event of rejection, the debtor has one month to seize the paid parking litigation commission (CCPS). The reform, based on a principle of land occupation fees, leads to the identification of a “payer of a public debt” and no longer a “criminal person responsible”. Therefore, the system is built, like the tax system, around a single legal payer, the holder of the CI, easily identifiable by the community and having a reasonable objective link with the event giving rise to the claimed deduction. The question raised by the payment of the FPS by the short-term renter of a vehicle therefore arises from a subject of contractual civil law between the owner of the vehicle, who is solely liable to the administration, and the person to whom he entrusts his vehicle and is contractually responsible for its proper use. As part of this reform, the issues facing rental professionals of short duration have been the subject of particular attention. Without calling into question the legal construction of the system by the introduction of a designation system open to the lessor, specific provisions have been introduced to facilitate the implementation of the recovery of the FPS from the lessee and the exercise by the latter of an appeal. It is thus provided for by the regulatory texts: the teletransmission of notices of payment, like what previously existed for the notice of contravention, between the national agency for automated processing of offenses (ANTAI - which notifies on behalf of communities the notice of payment of the FPS) and professionals, so as to allow them to quickly pass on to their client the notice of the sums to be paid and their right to the RAPO; the possibility for their client to exercise said RAPO on behalf of the lessor legally liable, this by means of a mandate granted by the lessor to be produced before the investigating service. The adaptation of the general conditions of sale is therefore a key element of the proper implementation of the reform and such clauses cannot be considered as unfair clauses. In this regard, it is possible to draw inspiration from the wording of contracts used in Italy or Belgium which have been based for many years on a similar system. The ministry responsible for transport, in conjunction with the ministries concerned, will endeavor to support professionals, in particular for the drafting of standard clauses to be inserted in the general conditions of sale of the rental contract.

Machine translation from French. The official text remains authoritative.

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