The magistrates ruled that “the decision taken by the government on July 25 to reconsider the application of technical control to two-wheelers” was “illegal”.
New episode in the complex file of the technical control of two-wheelers. The Council of State on Monday canceled the decision taken by the government last July to reconsider the application of technical control to two-wheelers. Measure that the executive had initially decreed in August 2021.
By this decision, the highest administrative court therefore reinstates the technical control for two-wheelers. “This cancellation has the effect of reinstating the decree which provides for the technical inspection of motorized two-wheeled vehicles“, indicates the Council of State in a press release. This decree, dated August 9, 2021, set the entry into force of this measure on January 1, 2023, for vehicles registered before 2016, and on dates staggered between 2024 and 2026, for vehicles registered from 2016.
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The magistrates judged that the repeal of this decree by the government, decided last July, was “illegal“, and consider that this is a “excess of power“. On the one hand because sheshould have been preceded by public participation, in accordance with the provisions of the law enacted in application of the Environmental Charter incorporated into the Constitution, because it has a direct and significant impact on the environment“Explains the Council of State.
On the other hand because the government could, according to the European texts, propose alternatives to the technical control. Gold, “the alternative measures proposed by the government (…) cannot be regarded as effective road safety measures within the meaning of European law“, sanction the magistrates. And to add that the proposals of the executive “are only in draft form» or that they «do not make it possible to improve the safety of motorcyclists on the road in a sufficiently effective and significant manner».
At the end of July, the Council of State had already singled out the government for the timetable for the application of the measure, which provided for entry into force at “a date after the deadline of January 1, 2022 set by European law».
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According to the highest administrative court, the technical control application decree may nevertheless be accompanied by measures relating to “over time“, or even of”differentiation according to the age of the vehicle».
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