Published Tuesday, July 26, the decree canceling this next obligation was immediately challenged in court.
Decrees and repeals, legal action and decisions to come… The saga around the compulsory technical inspection for motorized two-wheelers is far from coming to an end.
While, this Tuesday morning, a text published in the Official Journal announced the end of this obligation scheduled for January 2023, justice will again be seized. By taking the case to court, environmental associations, such as Respire, have every intention of forcing the State to introduce this technical control in France, a measure imposed by Europe. “By becoming Minister of Transport, Clément Beaune, who was Secretary of State in charge of European Affairs, turned his back on the cause he was defending by not respecting a European decision. What treachery! “, protests Me Camille Mialot, the lawyer for the NGOs.
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He is convinced that he will win his case. Once again… Last May, when the government was already trying to escape this European obligation, the Council of State, seized by these same environmental activists, had given them reason. And to avoid any postponement of their decision indefinitely, by a reluctant executive, the magistrates had even imposed a date: the technical control of two-wheelers over 125 cm3 would be put in place on October 1, 2022.
For its part, the executive, which had therefore set itself – by decree last year – a date of January 1, 2023 to apply the measure, knew that it would not respect it. Emmanuel Macron had indeed condemned her to death, declaring the same year that “it was not the time to bother the French “. In accordance with the wishes of the President of the Republic, this text is therefore dropped.
Government reluctance
By filing urgently, Tuesday, their appeal for excess of power, the associations hope to obtain the cancellation of the decree. “It can not be otherwise. By not respecting its European obligations, France is in breach“, certifies Me Mialot. She could have escaped this constraint if she had presented, as planned by Europe, alternative measures in due time. However, for the lawyer, France has pulled out of its hat, out of time, measuring spoons unrelated to a technical control supposed to make it possible to extract polluting and dangerous motorcycles from the park. Beyond the legal aspects, the treatment of this file testifies, according to him, to the reluctance of the government. “He fears the aggregation of discontent and yields to a minority opposed to technical control.»
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This is not the opinion of the French Federation of Angry Bikers (FFMC), which says it relays the hostility of a large majority of bikers to this obligation. Received by Clément Beaune, the federation savored this repeal on Tuesday which, for the Minister of Transport, is final. For him, the alternative measures submitted to Europe, making it possible to achieve safety and environmental objectives, are sufficient. “At the start of the school year, the Minister will continue his exchanges with all the associations concerned, the European Commission and our European partners.“, we say in his entourage. By then, the Council of State will have ruled again and will perhaps have reestablished the obligation of a technical control which has just been dropped…
SEE ALSO – Technical control of two wheels: the government postpones the entry into application