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Since January 1, 2017, business leaders are required to reveal the identity of their employees flashed on the road driving a car for professional use so that they are personally verbalized.
In the event of non-termination, the head of the company is liable to a fine of 675 euros. But a decision of the police court of Metz (Moselle), the first in the matter, and which could make jurisprudence, just to reshuffle the cards by judging this measure illegal.
Since the entry into force of this measure, several Road law lawyers had challenged its legality and inconsistencies. Some self-employed workers had been sent out for non-denunciation even though they had paid their fine, simply because they had not denounced themselves … It is also sometimes difficult to know which employee drove the car.
Article L121-6 of the Highway Code is clear: it requires the legal representative of the company to denounce his employee. Except that contraventions for non-denunciation are often addressed to the company, that is to say to a legal person. It is there that a lawyer, in this affair carried by businessmen of Metz, found the fault.
No infraction to the Code of the road for a legal person
No text represses the non-denunciation of a driver by a legal person. More broadly, a traffic offense is only attributable to a natural person. The court in Metz relied on this point of law to consider that the notice of contravention was illegal and to relax business leaders.
Shortly after the implementation of this measure, the interministerial delegate for security the Ministry of the Interior had stated that this measure was perfectly legal. According to him, she "responded to a mechanism of general criminal law which makes that one engages the criminal responsibility of the legal person. The choice we made, pursuant to Article L121-2 of the Criminal Code, is to send the fine to the legal person. "
The lawyer who pleaded the Metz case Nicolas Matuszak advises companies that receive these contraventions, according to the Republican Lorrain, "not to pay them and challenge them". For those who have already paid, it is possible to "challenge the procedure before an administrative tribunal," he adds.
According to him, hundreds of cases could be retried by the courts. The time that the state changes its mind and begins to address the minutes directly to entrepreneurs …
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