Too often taken for companies that refuse to denounce the real culprits, independent professionals should no longer receive these PV "for non-designation of driver" at 450 euros (minimum). Our section Live from the law answers your questions and allows you to better understand your rights, thanks to the advice and recommendations in particular of Maître Caroline Tichit.
Better respond to "very small" delinquency and therefore to daily incivilities, this is the ambition of the law "improving the efficiency of local justice and the criminal response" which has just been published in the Official Journal. It is an opportunity for a change in the level of mandatory denunciation of drivers when a company vehicle – or supposed to be – is flashed by an automatic speed camera.
As a reminder, since 2017, the Highway Code provides in article L121-6 for the verbalization of business leaders who do not denounce the drivers of vehicles in their fleet. Concretely, they then receive two PV:
Theoretically, the amount of the fine provided for this second report is 135 euros. But in practice, it is systematically quintupled to 675 euros - reduced to 450 euros in the event of payment in the month on the Internet. As for the increase (when payment is not made on time), it climbs to… 1,875 euros!
This obligation of denunciation gave rise to a huge dispute when it was implemented. Multiple classifications without follow-up have also followed so as not to completely clog the courts either. This litigation is now in the process of being reabsorbed, since companies did not take long to start systematically appointing their employees. There remains the particular case of certain professionals whom the Rennes Center confuses with companies.
It is in this context that the law of April 8, 2021 changes this article L121-6 of the Highway Code, which has just been supplemented with a new paragraph to specify that if this offense for "failure to designate a driver » (NDC) certainly applies to « a natural person having registered the vehicle as a legal person », this person no longer has to be prosecuted when he justifies « that the vehicle is registered in his name. Exit then this second PV for “NDC” that the Center of Rennes does not fail if not to address to him!
"There is every reason to think, clarifies lawyer Caroline Tichit, that the exemption request forms that accompany the first notices of contravention will evolve to give this possibility to these natural persons - these professionals wrongly considered as legal persons - to indicate that the vehicle is registered in their name and not in their company, and that there is therefore no reason to prosecute them for not designating the driver”. In fact, it seems that this new law makes it possible to comply with the case law of the Court of Cassation of almost a year ago and of which Caradisiac has already spoken. For the highest court of the French judicial order, "the registration of a vehicle with the SIRET number of the entrepreneur does not, for this reason alone, confer on its owner or holder the status of a legal person, so that its manager cannot be prosecuted” on the basis of this article L121-6.
“This case law is a real step forward for individual entrepreneurs, because many craftsmen, liberal professions and other auto-entrepreneurs have found themselves sued, with astronomical sums to settle, on the pretext that they had paid the minutes received - yet well addressed to their name – whereas they should not have in order to proceed to their self-designation… A situation that is simply preposterous! “, laments Mr. Tichit. It now remains to be seen exactly how this legislative development will materialize in practice. “I take this opportunity to alert all those who have to buy a vehicle for their professional activity,” adds the lawyer. “When registering this vehicle, beware of errors and inadvertently checked boxes… because you must avoid appearing as a legal person”.
It would have been simpler to develop the file of the Vehicle Registration System (SIV) so that it can clearly distinguish between these self-employed and companies for which the legal representatives can indeed vary. But that, apparently, is not the option that was chosen. It will be up to these alleged offenders to know how to exculpate themselves!
To find all our articles on road law, regulations, our advice, click on the following links:On the reports from automatic speed cameras in general
On red light/level crossing reports (speed cameras or with arrest), flight reports and video verbalization
On the specific case of company vehicles
To know how to defend yourself in court, to appeal, to appeal in cassation
To know everything about the loss of point(s), the license withdrawn, suspended, canceled
On the blood alcohol level and / or the use of narcotics, the essentials to remember
On speeding tickets with arrest (and therefore outside automatic speed cameras), mobile phone, seatbelt, parking...
On maintenance - contractual and legal warranty - insurance - purchase/sale
On the gray card / registration certificate - increased fines
