Tech

The technical control of motorcycles returns by decision of the Council of State

Will come back or not come back? In the particularly complex file on the compulsory technical control of two-wheelers, we had remained on a pure and simple cancellation of the process. However, the Council of State has decided to reinstate the so controversial measure.

motorcycle technical inspection back
Credits: Unsplash

Just like the takeover of Twitter by Elon Musk, the compulsory technical inspection of two-wheelers has seen many twists and turns. August 2021, we learned that the measure would come into force from 2023, as confirmed by a decree published in the Official Journal.

But the situation reversed, in July 2022, the technical inspection of motorcycles was finally canceled in France. Indeed, a new decree published in the Official Journal has put the provision in the closet. So we thought the matter was closed. But that was without counting the Council of State.

The Council of State reinstates the technical control of two-wheelers

This Monday, October 31, 2022, the Supreme Court has decided to reinstate this controversial measure. The most administrative institution ruled that “the decision taken by the government on July 25, to reconsider the application of technical control to two-wheelers” was “illegal”.

It should be remembered that three associations, namely Respire, Ras le Scooter and Paris without a car, had asked the Council of State to annul the repeal decision taken by the government and to require the reinstatement of the technical control for motorcycles with a cylinder capacity greater than 125 cm³.

The Council of State has retained two grounds of illegality to reconsider the decree of July 25, 2022:

  • The abolition of technical control should have been subject to public consultation, given its direct and significant impact on the environment
  • The alternative measures announced by the government are not sufficiently effective, with regard to the requirements of the European directive, to improve road safety for motorcyclists

The Council of State also adds that these measures cannot be taken into account, “because they are still in the state of projects or constitute simple reflections”. In other words, and barring yet another reversal, the compulsory technical inspection for two-wheelers will see the light of day. But when ? This is the central question. Indeed, the magistrates specified that their decision authorized “a staggering in time” of the implementation of the measure.

A schedule not yet fixed

On the government side, we took “act of the decision of the Council of State” while specifying that shedoes not lead to an immediate entry into force of the technical control, taking into account the need to publish beforehand the texts of application of the decree of August 9, 2021″.

Following the publication of the Council of State’s decision, Transport Minister Clément Beaune announced the holding of a consultation in the days to come with the actors concerned “in order to determine the measures to be implemented”. The Minister added that the schedule remains to be defined, ensuring that there will be no immediate application. Still happy according to the French Federation of Angry Bikers, which ensures that we “starts from a blank sheet, we do not know its contents. The technical control centers are not at all ready”.

Source : Le Figaro / Board of state

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