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France’s top court orders safety checks for motorbikes

France's top administrative court on Monday ordered the introduction of safety inspections for motorcycles, overturning the government's decision to drop the measure.

France's top court orders safety checks for motorbikes
Photo by FRANCOIS GUILLOT / AFP

The court ruling comes after a standoff lasting over a year between motorbike owners’ associations who have protested against any requirement for the Contrôle technique vehicle safety check, and NGOs fighting against air pollution and traffic noise.

The Conseil d’Etat, France’s supreme court for administrative matters, ordered the government last year to comply with a 2014 EU directive calling for regular safety checks for motorbikes with engines of more than 125 cubic centimetres, starting this year.

In response the government issued a decree announcing checks on some motorcycles, starting only in 2023.

However, faced with protests from bike owners and associations, the government made a U-turn, with President Emmanuel Macron being quoted by an adviser as saying that he didn’t want to “bother French people” with the measure which he vowed would never be applied.

But the same NGOs that had launched the original case mounted a fresh challenge against the government and, again, the Conseil d’Etat ruled in their favour.

The Council said in a statement Monday that the government had “overstepped its powers” by cancelling the EU directive which it said was aimed at the protection of the environment as well as at the safety of motorcyclists.

This means that motorbike owners will have to have regular safety checks on their vehicles, in the same way as car owners are required to have the two yearly Contrôle technique. This only affects French-registered bikes, so does not apply to tourists or visitors. 

It also threw out the government’s claim that the EU directive allowed for “alternative measures” to replace mandatory safety inspections.

Given its “direct and significant environmental impact”, the decision to scrap the inspections should have been subject of a public debate, it said.

Even the alternative measures proposed by the government failed to satisfy the EU’s requirements, either because they were still only at the project stage, or did not improve motorbike safety “in a sufficiently efficient and significant way”, the Council said.

NGOs were delighted, with the head of the Respire (Breathe) association Tony Renucci calling the ruling a “victory for the environment and for public health”.

Gael David, president of Ras Le Scoot (Fed-up with with scooters), said the government would now no longer be able to “use health and road safety as elements in its electoral calculations”.

The setback for the motorcycle lobby comes only two months after the city of Paris introduced fees for parking motorbikes and motorised scooters in the capital, sparking outrage and defiance among bikers.

Since September 1st, bikers parking their ride in the historic centre of the capital have to pay €3 per hour – two in surrounding neighbourhoods – for a maximum stay of six hours.

Member comments

  1. If it only applies to bikes over 125ml then it will miss a lot of the more polluting and dangerous scooters. There’s probably a greater return from starting at the bottom.

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POLITICS

‘Serious political crisis’: Anger grows in France over Macron’s dithering

Almost two months after France's inconclusive legislative elections, impatience is growing with the reluctance of President Emmanuel Macron to name a new prime minister in an unprecedented standoff with opposition parties.

'Serious political crisis': Anger grows in France over Macron's dithering

Never in the history of the Fifth Republic — which began with constitutional reform in 1958 — has France gone so long without a permanent government, leaving the previous administration led by Prime Minister Gabriel Attal in place as caretakers.

A left-wing coalition emerged from the election as the biggest political force but with nowhere near enough seats for an overall majority, while Macron’s centrist faction and the far-right make up the two other major groups in the National Assembly.

To the fury of the Nouveau Front Populaire (NFP) coalition, Macron earlier this week rejected their choice of economist and civil servant Lucie Castets, 37, to become premier, arguing a left-wing government would be a “threat to institutional stability”.

Macron insisted during a Thursday visit to Serbia that he was making “every effort” to “achieve the best solution for the country”.

“I will speak to the French people in due time and within the right framework,” he said.

READ MORE: OPINION: Macron is not staging a ‘coup’, nor is he ‘stealing’ the French elections

‘Serious political crisis’

Macron’s task is to find a prime minister with whom he can work but who above all can find enough support in the National Assembly to escape swift ejection by a no-confidence motion.

Despite the lack of signs of progress in public, attention is crystallising on one possible “back to the future” option.

Former Socialist Party grandee Bernard Cazeneuve, 61, could return to the job of prime minister which he held for less than half a year under the presidency of Francois Hollande from 2016-2017.

He is better known for his much longer stint as interior minister under Hollande, which encompassed the radical Islamist attacks on Paris in November 2015.

But Cazeneuve receives far from whole-hearted support even on the left, where some in the Socialist Party (PS) regard him with suspicion for leaving when it first struck an alliance with hard-left La France Insoumise (LFI) — a party which in turn sees the ex-PM as too centrist.

Another option could be the Socialist mayor of the Paris suburb of Saint-Ouen, Karim Bouamrane, 51, who has said he would consider taking the job if asked. Bouamrane is widely admired for seeking to tackle inequality and insecurity in the low-income district.

The stalemate has ground on first through the Olympics and now the Paralympics, with Macron showing he is in no rush to resolve the situation.

“We are in the most serious political crisis in the history of the Fifth Republic,” Jerome Jaffre, a political scientist at the Sciences Po university, told AFP.

France has been “without a majority, without a government for forty days,” he said, marking the longest period of so-called caretaker rule since the end of World War II.

‘Rubik’s cube’

Macron’s move to block Castets even seeking to lead a government provoked immediate outrage from the left, with Green Party chief Marine Tondelier accusing the president of stealing the election outcome.

National coordinator for the hard-left La France Insoumise (LFI), Manuel Bompard, said the decision was an “unacceptable anti-democratic coup”, and LFI leader Jean-Luc Melanchon called for Macron’s impeachment.

READ MORE: Can a French president be impeached?

Some leftist leaders are urging for popular demonstrations on September 7, although this move has alarmed some Socialists and led to strains within the NFP.

France is in a “void with no precedents or clear rules about what should happen next,” said Mujtaba Rahman, managing director for Europe at the Eurasia Group consultancy.

The president was “confronted with a parliamentary Rubik’s cube without an obvious solution,” said Rahman.

October 1 is the legal deadline by which a government must present a draft budget law for 2025.

The president has a constitutional duty to “ensure” the government functions, said public law professor Dominique Rousseau.

“He’s not going to appoint a government that we know will be overthrown within 48 hours,” he added.

For constitutional scholar Dominique Chagnollaud, Macron has backed himself into a corner, creating “unprecedented constitutional confusion”.

The logical choice is to appoint a leader from the group that “came out on top,” said Chagnollaud. “In most democracies, that’s how it works. If that doesn’t work, we try a second solution, and so on.”

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