Question 38395 — transportation

Summary

Ms. Delphine Bagarry draws the attention of the Minister Delegate to the Minister for Ecological Transition, responsible for transport, to the inconsistency of the exclusivity of transport competence with the reality of certain territories. Under the competence of organizing mobility defined by article L. 1231-1-1 of the transport code resulting from law no. 2019-1428 of December 24, 2019 on mobility orientation (“LOM”), an authority Mobility organizer is the sole competent within its territorial jurisdiction to organize various services in terms of mobility and transport and in particular regular public passenger transport service. Municipalities that are members of an EPCI with their own taxation (competent in terms of organizing mobility and which is therefore an AOM) can no longer organize mobility services of this type because article L. 1231-4 of the code of transport does not authorize delegation of authority. Furthermore, the use of competition funds can only concern the creation or operation of equipment and not an action falling within the competence of an AOM (in this case in terms of organized transport). Thus, while an ECPI does not have the financial capacity to support these emerging mobility needs which are so important in a rural and mountainous as for example that of Alpes-de-Haute-Provence, the ECPI cannot therefore delegate the organization of a shuttle qualified as a regular transport service to the municipalities which wish it and which have the financial capacity to do so. Consequently, it seems obvious to leave the possibility for municipalities to benefit from a delegation of this public service. Otherwise, users are condemned to not being able to travel as easily as their town hall could allow them, which harms local mobility and the ecological transition in terms of travel. She wants to know his opinion on this subject.

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