The technical inspection of two-wheelers cannot be postponed beyond October 1, 2022 “for the oldest vehicles”, ruled the Council of State this Tuesday, May 17 after several associations contested its suspension by the government, immediately established.
Several associations had contacted the Council of State to contest the suspension of technical inspection of motorized two-wheelers, considering that the date set by the government, January 1, 2023, was too late. “The summary judge observes that this control has been imposed by European law since January 1, 2022 and that the Government has neither renounced any technical control, contrary to what it had announced, nor implemented measures of alternative security measures which could, under European law, justify deviating from it, since he limited himself to announcing the project of such measures, with more or less direct effect" explains a press release from the assembly.
“The judge considers that, given the time necessary for the physical implementation of the technical inspection, a postponement of entry into force, for the oldest vehicles, beyond October 1, 2022, is not justified” , can we read in the press release from the Council of State. “For these reasons, he is today suspending the timetable decided by the Government” the press release further explains.
As a reminder, the technical inspection of motorized two-wheelers was established by a decree published on August 11, 2021 for a gradual entry into force from 2023. But the President of the Republic Emmanuel Macron suspended it the next day. Faced with this decision, three associations, notably those fighting against air pollution, Respire, Ras le Scoot and Paris Sans Voiture, had filed a request for abuse of power and an interim suspension before the Council of State.
The Council of State recalls that control has been imposed by European law since January 1, 2022, providing “an exception for States which have implemented and notified the European Commission of alternative road safety measures”. But the highest administrative court notes that the Government has not “implemented alternative security measures which could, under European law, justify deviating from them”.
Everything in this file is a question of law and the application of law. The Council of State underlined in its decision that the government had, after publication of a decree on August 9, 2021, chosen not to ultimately apply this European directive but had not modified the said decree in this sense... "which remains therefore the last state of the law with which the summary judge was seized” explains the Council of State.
If the government did send a note to the European Commission on December 3, 2021 indicating its desire to implement alternative road safety measures, which is authorized by European law, it never specified what these measures would be. destination of two-wheelers. “The judge for interim relief notes, however, that neither the written instruction nor the discussions during the hearing made it possible to specify the exact content of the measures envisaged, the elements made public in the matter mentioning a certain number of measures of more or less direct effect. In any event, whatever the content of the notified measures, they have not been implemented” specifies the decision of the Council of State.
“For these reasons, the judge considers that there is serious doubt as to the legality of the decree establishing the entry into force of the technical inspection for “two-wheelers” from January 1, 2023 and suspends it as that he postpone this obligation beyond October 1, 2022.” concludes the summary judge. The ball is now in the court of the government which will have to review its copy, in a burning issue. In 2021, several thousand motorcyclists demonstrated across France against the implementation of this technical inspection, demanding that the State purely and simply deviate from this European directive.
