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France finally scraps law forcing drivers to keep breathalyser kits in cars

A confusing law that has forced (at least officially) drivers in France to keep at least one disposable breathaylser kit in their car at all times has finally been officially binned by the French government.

France finally scraps law forcing drivers to keep breathalyser kits in cars

The law, which has always been surrounded by confusion and controversy, was first introduced back in March 2013.

Drivers were told they would need to keep at least one usable disposable breathalyser kit in their car and if they were stopped by police and found not to have one, they would be subject to an €11 fine.

But then the government of former President François Hollande decided to scrap the fines but still keep the actual law in place.

That meant drivers in France would not be punished when stopped by police but simply be “reminded of the law”.

But the confusion around the law should now be over after the French government's bill covering transport and mobility (Le projet de loi d'orientation des mobilités) was definitively adopted into law just before Christmas when it was published in the Journal Officiel.

The bill included an article saying the law obliging drivers to carry breathalysers has now been scrapped.

The government justified the move by saying it had not proven to be effective at cutting drink-driving, which is still one of the biggest causes of fatalities on French roads.

“The feasibility and effectiveness of this obligation have not been proven,” the government said when the move was first announced.

The Ministry of Interior told The Local that a decree will be published in the coming weeks from when the new rule will officially be applicable.

While the law was long forgotten about by most French drivers, motorists coming from Britain were still reminded of the “legal requirement” to buy the breathalyser kits when they cross the Channel.

Cross-Channel ferry company P&O have made announcements to alert passengers to the need to carry the kits in France and to let them know the approved breathalysers are available in the onboard shop for £5.99.

READ ALSO: Fake laws – The real rules for driving in France you need to know

Breathalyser kits still flying off the shelves in the shops of P&O ferries. The Local

The breathalysers themselves state on the box that “from 1st March 2013 all vehicles travelling in France MUST, by law, be carrying NF approved breathalysers”, without mentioning that drivers would not be fined.

The Local

They also reminded drivers the kits go out of date so they need to be replaced.

 

There was much controversy when the law was first brought out in France when it emerged the head of the lobby group demanding the government introduce the requirement was an executive at one of the companies licensed to make the breathalysers.

French governments over the years have been under pressure to cut the number of deaths on the roads linked to alcohol.

In 2018, 3,259 people died on French roads, although that number is set to rise in 2019. Alcohol is believed to be responsible for around one third of road deaths in France.

Eradicating a culture of drinking alcohol before driving has proved difficult in France. In a 2016 survey a quarter of drivers admitted drinking before getting behind the wheel.

French driver's still think only a little alcohol then only a little danger', the head of the company behind the survey told The Local at the time.

The head of France's leading motorists group says France has failed to make the same progress as the UK.

“In contrast to the UK, drink-driving is not yet socially unacceptable in France,” Pierre Chasseray, the head of driver's group “40 million d'automobilistes” told The Local previously.

“In the UK it's become shameful to drink and drive but in France it is still accepted.

READ ALSO: Why is drink-driving still acceptable in France?

Even though the obligation to keep breathalysers in the glove compartment will soon disappear, that's not to say drivers shouldn't think about keeping one or two at hand.

Indeed the new law forces shops that sell alcohol at night to make sell the disposable breathalyser kits.

Chasseray, from 40 Millions d'automobilistes told The Local that he would advise British drivers to keep them in their cars so they can use them to know if they are over the limit or not.

Not least because the drink drive limit is lower in France than in the UK.

France has very strict drink driving laws . You are allowed a maximum of 0.5mg/ml of alcohol per litre in your blood, compared to 0.8mg/ml in the UK. Although for young drivers in France the limit is even lower – 0.2 mg/ml.

A statement from the RAC motorist organisation in the UK said: “The best advice is to never drink and drive, whether driving in France or elsewhere. For any driver that still chooses to, it still makes a lot of sense to carry a portable breathalyser to check they are well below the relevant legal limit.”

Anyone using a breathalyser kit should do so one hour after their last drink because the level of alcohol in the blood stream continues to rise. They should also know that it can take up to 14 hours after the last drink for the body to be clear of any traces of alcohol.

If you have between 0.5 and 0.8mg of alcohol in your blood you could be fined between €135 to €750 and lose 6 points off your licence. 

Since 2018 motorists convicted of drink-driving in France have the option of installing a permanent breathalyser in their cars known as “ignition interlock device” or éthylotest anti-demarrage or face losing their driving licence.

Some 1,500 have been fitted in cars in France.

VOCAB 

Ethylotest – breathaylser kit

un rappel à la loi – reminder of the law

une amende – a fine

un côntrole – a police stop

 

 

 

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DRIVING

Can France confiscate your foreign driving licence?

A recent court case in southwest France raised the question of whether a driver holding a licence issued in a foreign country can have it rescinded. Here's what the ruling means for foreigners in France.

Can France confiscate your foreign driving licence?

A Briton was recently banned from driving in France for 18 months, fined a total of €600 and handed an eight-month suspended prison sentence after seriously injuring a student while speeding on the wrong side of the road while under the influence of alcohol and drugs.

But he avoided more serious punishment because, the court said, French law does not allow for the permanent withdrawal of a foreign-issued driving licence.

The court heard that the British motorist was driving at twice the speed limit, was nearly three times over the legal limit for alcohol in France, and tested positive for cannabis when the incident occurred in Cahors, Lot, in May 2023. He had recently moved to the area, according to Actu Lot.

The case, and the court’s ruling, raises important points about French law regarding driving licences.

While technically licences issued outside of France cannot be permanently confiscated and points cannot be withdrawn from them, there are other serious considerations people should take into account when driving on a foreign-held licence in France, including how long they have been resident here.

People visiting France on holiday

Motoring message boards on social media frequently include discussions in which foreign motorists driving in France on holiday have had their licences temporarily confiscated by police – but they are usually returned a few weeks later. 

Some drivers recommend paying for an International Driving Permit, just in case – even though motorists from many countries do not need them to drive in France, because the law allows police in France to provisionally confiscate licences for certain driving offences.

If you’re coming to France on holiday, then there is usually no problem with driving on the licence of your home country, whether you’re bringing your own car or renting one once you arrive.

Technically, France cannot remove points from a foreign driving licence, but you can still be forced to pay a fine or deal with any criminal ramifications from a driving offence. Additionally, if the fine is not paid, your car could be impounded.

READ MORE: What to do if you get a speeding ticket while driving in France

Residents of France

If you live in France, however, it’s a different story. You may be ordered to exchange your licence if you commit certain traffic offences. As a result, once you are forced to switch onto a French licence, you could lose the points that you would have if your licence was not foreign-issued.

On top of that, after a certain period of residency (usually one year, although there is a slightly different system for UK licences) you are legally required to swap your licence for a French one, if you want to drive here.

READ ALSO Is it illegal to drive on a foreign licence if you live in France?

The process for swapping your licence depends on where you learned to drive in the first place will dictate whether you have to take a French driving test. Here’s a country-by-country breakdown of the rules.

For Britons, a 2021 agreement allows people who live in France and hold a UK or NI licence issued before January 1st, 2021 to continue using them as before. 

They only need to exchange when their photocard licence or actual licence runs out. You can apply to exchange your licence for a French one once you get within six months of the expiry date of either the licence or the photocard, whichever is first.

Anyone driving on a licence issued after January 1st, 2021, will need to exchange it for a French one within one year of moving to France. 

READ ALSO EXPLAINED: How to swap your UK driving licence for a French one

Exchanging your licence is a time-consuming bureaucratic process and for many people it simply feels like too much hassle – especially if you don’t own your own car and just occasionally drive a rented vehicle or one lent to you by a kindly friend or neighbour.

This is especially the case for people who have a driving licence from a country (or certain states of the USA) that doesn’t have a reciprocal agreement with France, as they have to take a French driving test in order to get a licence in France. 

What do you risk if you carry driving on your old licence?

The French government is clear: “The exchange for a French licence is compulsory in order to be able to drive in the long-term in France.”

If you are a non-EU citizen, your visa or residency permit provides clear proof that you live in France, so in most cases it’s unambiguous that you should have swapped your licence if you are stopped by police. 

Driving while not having a valid licence carries a penalty of up to a year in prison sentence and a fine of €15,000. 

READ ALSO 5 things Brits in France need to know about swapping driving licences

Since 2014 a fast-track system has been in place in which people who meet certain criteria (first offence, not involved in any other traffic offences) can immediately plead guilty and take an €800 fine. 

Be aware, too, that drivers using a foreign licence they really shouldn’t because they live permanently in France, may be driving uninsured, even if they’re paying for vehicle insurance – because driving on the wrong licence invalidates it.

If you have an accident while driving, even if it’s not your fault, you will need to contact your insurance and if you’re showing a French address and a non-French licence, questions will be asked. 

Listing an address that’s not your actual place of residence counts as lying to insurers, which can result in the refusal of your claim, and could lead to prosecution. 

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