The Council of State reinstated on Monday the technical control for two-wheelersthe application of which was scheduled for early 2023 before its canceled by the government last summer.
“The decision taken by the government on July 25, to reverse the application of technical control to two-wheelers which it had initially decided in August 2021, is illegal”, estimates the highest administrative court in a press release. The Minister of Transport announced on Tuesday morning consultation at the end of the week to determine the “terms” of this technical control. “We have to be reasonable and proportionate”explained Clément Beaune.
An illegal cancellation
The Council of State has retained two grounds of illegality to annul the decree of last July: first “the abolition of technical control should have been subject to public consultation, given its direct and significant impact on the environment” according to the institution.
Furthermore, the alternative measures proposed by the government are judged “not effective enough”or because they are “only at the draft stage”, either because theydo not make it possible to significantly improve the safety of motorcyclists on the road.”
European bond
European law imposes, since the adoption of the directive of April 3, 2014, the obligation for the Member States to set up, in particular, a periodic technical inspection of motor vehicles with two, three or four wheels with a cylinder capacity greater than 125 cm3 from 1 January 2022.
Member States of the European Union can derogate from this obligation only if they have put in place effective alternative road safety measures.
“A victory” for the Respire association
In a statement posted on Twitter, “Respire”, the national association for the improvement of air quality, welcomed the decision of the Council of State qualifying it as “victoire”.
A tweet relayed by the environmental deputy Julien Bayou on his account with this message: “Incredible that it is necessary to go to court to enforce European law and implement the technical control of ‘two-wheelers’.”
The government is tempering, a consultation from the end of the week
“taking note” of this decision, the Ministry of Transport however specified that this decision of the supreme administrative jurisdiction did not lead to “an immediate entry into force of the technical control, taking into account the need to publish the application texts beforehand” of the decree. There will be a consultation at the end of the week to determine the “terms” technical control for two-wheelers, assured the Minister of Transport, Clément Beaune, invited in the 4V on France 2 this Tuesday morning, the day after the decision of the Council of State.
During this consultation, which will last a few weeks, the “regularity”the “cost” and the “standards” technical control, with associations of motorcyclists and road safety. “A significant margin is left to each State by European regulations”added the Minister, “I want us to have a discussion on all points to find, I hope, consensus and something that is the least penalizing possible”. “We have to be reasonable and proportionate”concluded Clément Beaune.