Decrees and revocations, court actions and upcoming decisions… The saga of mandatory roadworthiness tests for motorized two-wheelers is not over yet.
Until this Tuesday morning’s text published in the Official Journal announced the end of this obligation scheduled for January 2023, justice will be seized again. By taking the case to court, environmental associations such as Respire intend to force the state to implement this technical control in France, which has been implemented by Europe. “When he became Minister of Transport, Clement Bohn, who was the Secretary of State responsible for European affairs, turned his back on the cause he defended, disrespecting the European decision. What a betrayal! – complains NGO lawyer Kamil Mialot.
He is convinced that he will win his case. Once again… Last May, when the government was already trying to avoid this European obligation, the State Council, occupied by those same environmental activists, gave them a reason. And to avoid an indefinite postponement of their decision, by a reluctant executive, the magistrates even set a deadline: technical control of two-wheelers over 125 cc will be effective from October 1, 2022.
For its part, the executive, which therefore last year set itself a deadline of January 1, 2023 to implement the measure, knew it would not honor it. Emmanuel Macron had indeed condemned him to death, announcing that same year that “this was no time to trouble the French “. According to the wish of the President of the Republic, this text is removed.
Government reluctance
By urgently filing their application to override the authority on Tuesday, the associations hope to get the decree overturned. “It cannot be otherwise. By not respecting its European obligations, France is in breachMe Mialot confirms. He could have avoided this restriction if he had presented in time, as Europe planned, alternative measures. However, for the lawyer, France has in time pulled out of its hat measuring spoons unrelated to the technical controls that will supposedly make it possible to remove polluting and dangerous motorcycles from the park. According to him, the attitude towards this case outside the legal aspects indicates the reluctance of the government. “He fears the consolidation of discontent and gives way to a minority opposed to technical control.»
This is not the opinion of the French Federation of Angry Cyclists (FFMC), which says it conveys the hostility of the majority of bikers to this obligation. Received by Clément Bon, the federation on Tuesday approved this cancellation, which, for the transport minister, is final. For him, the alternative measures presented to Europe are sufficient, which enable the achievement of security and environmental goals. “At the beginning of the academic year, the Minister will continue his exchanges with all interested associations, the European Commission and our European partners.“, we say around him. Until then, the State Council will decide again and probably restore the obligation of technical control, which was just removed…
Source: Le Figaro
