According to a European obligation, the technical control of two-wheelers should have applied no later than January 1, 2022. But last year, the government decided, by decree, to postpone this obligation to 2023. this decree which the Council of State has suspended.
“No time to bother the French”
The introduction of this technical control coming up against a revolt of biker associations, Emmanuel Macron had finally announced, the day after its publication in the Official Journal, that it would not be applied. An adviser to the Executive had explained that the Head of State considered that “this was not the time to bother the French”.
The Ministry of Transport then announced the implementation of alternative measures covering “the challenges of road safety, the fight against pollution and noise”, and which should make it possible to obtain an exemption from the European obligation.
But the interim judge of the Council of State, seized by NGOs, considered that the mere notification by France to the EU of its intention to introduce such alternative measures was “not likely to justify the transposition of this “European” directive in the absence of effective implementation of the measures envisaged.
The associations of “angry bikers”, reassembled against the measure, reacted by saying that they were still confident in the will of the executive to reject this establishment.
A text still in force
In addition, as the government has not officially canceled or modified its decree of August 2021 setting an application timetable postponed to 2023, this text is therefore considered to still be in force despite Emmanuel Macron’s announcements.
Much lower risk of fatal accident
The applicants had, in particular, emphasized “that in France, a user of a motorized two-wheeler is 22 times more likely to be the victim of a fatal accident than a user of a light vehicle, (but that) this risk is less in States that have already implemented technical inspection – 16 times in Germany, 17 times in Spain”.
The NGOs had also argued that the technical control “would reduce the noise pollution caused, in particular, by the unclamping of the engines, but also those related to air pollution”.
On Twitter, the Respire association, one of the three applicants, welcomed this decision: “The Council of State gives the government of Elisabeth Borne the opportunity to realize its ecological ambitions: it requires it to establish the technical inspection on October 1, 2022”.
letelegramme Fr Trans