Question 14649 — road safety

Summary

Ms. Valérie Beauvais draws the attention of the Minister of the Interior to the consequences of the implementation of the post-parking package (FPS) on the activity of shared mobility operators. Indeed, the law for the modernization of territorial public action and the affirmation of metropolises (the MAPTAM law), which came into force on January 1, 2018, establishes the decriminalization and decentralization of paid parking. Whereas previously, the Rental companies had the possibility, in the event of a parking fine, to designate the tenant responsible; now they must first pay the FPS payment and then turn against the tenant in order to recover the sum. This situation is extremely detrimental to the rights and interests of shared mobility operators as well as tenant customers. Indeed, on the one hand, current legislation does not allow not for these operators to transfer, in the context of their activity, the responsibility for payment of the FPS to the actual driver of the vehicle, and on the other hand, in the event that the customer wishes to challenge the validity of the FPS, the law does not allow him to do so because the challenge cannot only be exercised by the holder of the registration certificate, in this case the shared mobility operator. This violation of the right to contesting the FPS reveals a breach of the principle of constitutional value of the right to appeal. Furthermore, 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. While the law mobility orientation must provide answers to the daily mobility problems of users, it is important to emphasize that the actors of shared mobility are one of the answers, adapted to the needs of users and represent an alternative to owning a vehicle. Furthermore, they strongly contribute to the virtuous renewal of the vehicle fleet with fleets of recent vehicles renewed on average every 6 months. Consequently, she asks him if the Government intends to take into consideration this situation which is particularly damaging to the activity of shared mobility operators and re-establish a mechanism for designating the tenant responsible for this sector of activity, therefore putting an end to this injustice.

Machine translation from French. The official text remains authoritative.

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