The technical inspection of motorized two-wheelers has not finished making headlines. In a “defense brief”, that Le Parisien was able to consult, addressed to the litigation section of the Council of State, the Ministry of Ecological Transition justifies its wish not to adopt the measure before January 2023.
Officialized, then suspended, then put in place next October, technical inspection is a real soap opera. And it's not over: while the Council of State ruled in mid-May that the technical inspection of two-wheelers over 125 cc should be implemented on October 1 in France, the government responds that additional time would be appropriate.
In a “defense brief”, that Le Parisien was able to consult, addressed on June 1 to the litigation section of the Council of State, the director of legal affairs of the Ministry of Ecological Transition justifies the government's wish not to adopt this measure, for the moment. “It is permitted to derogate from this obligation when the Member State has put in place alternative road safety measures” making it possible to reduce two-wheeler mortality, he writes while affirming that the government notified the European Commission, in December 2021, of a series of provisions going in this direction.
The letter cites, as an example, a new theoretical motorcycle license test which “particularly emphasizes the maintenance of the vehicle, the checkpoints to be carried out regularly and the risks of accidents incurred in the event of poor maintenance”. Among this series of provisions, the new obligation to wear gloves for motorcyclists, the experimentation of sound radars making it possible to fine the noisiest two-wheelers and the establishment of new, more drastic standards in terms of polluting emissions are also cited in this eight-page letter.
“France is not the only country concerned by the implementation of alternative measures to technical inspection. Finland, Ireland and the Netherlands have thus indicated that they do not intend to introduce technical inspection and will stick to alternative measures, which are quite similar to those adopted in France. argues the senior official.
The Director of Legal Affairs of the Ministry of Ecological Transition highlights that a few additional months are necessary before this measure is implemented. “Entry into force on January 1, 2023 of the contested decree would make it fully effective by allowing the various technical inspection centers the necessary time to train and adapt to the new regulations,” He says.
As a reminder, faced with Europe's obligation to impose this new measure no later than January 1, 2022, France is already late. A decree was published last August indicating that this constraint would come into force on January 1, 2023, even if this deviated from the European calendar. But faced with the revolt of biker associations, the Ministry of Transport announced the suspension of this measure, until further notice, arguing that it is not the Ministry's priority. This same Ministry then announced the implementation of alternative measures to meet the objectives of technical inspection but no decree listing these measures has appeared. This is what the Council of State criticized the government, considering that it is now time for the French government to respect European law.
