Sentenced mini motorcycle dealer
Sentenced by the court in Melun to confiscate his stock of mini motorcycles, the manager of the T-Rex Motors store in Saint-Fargeau-Ponthierry (77) returns for Site to this surprising decision which could well threaten other professionals…
The manager of the T Rex Motors store in Saint-Fargeau Ponthierry (77) was tried Thursday, November 29 by the criminal court for "importation and sale by a professional of non-approved equipment"(understand" not approved ").
|
T-Rex Motors is off to a good start ! |
Update of January 30, 2015. Olivier Andrieux, the new manager of T-Rex Motors who took over the company in 2008, asks us to clarify that he naturally has nothing to do with this judgment of 2007.
Trex-Motors
|
Relying in particular on article L321-1 of the highway code, the court of Melun ruled that the vehicles sold by T-Rex fell within the scope of an import and sale ban, because they did not not received. He therefore pronounced the confiscation of the stock of mini motorcycles from the T-Rex store, i.e. 77 pocket-bikes, dirt-bikes and mini-quads seized on October 16….
The defender of the manager, Maître Sebastien Dufour, also a lawyer for the French Federation of Angry Bikers (FFMC), tried to get the single judge, Mr. Philippe Michel, to admit that the motorcycles concerned were only intended for leisure use or of competition on circuit and closed ground. They were therefore not intended for traffic on public roads and therefore had no obligation to be accepted by the competent services. But in vain…
Because the court ruled that the offense was well constituted in view of article L321-1 of the highway code: the fact of importing or selling "a moped, motorcycle or motorized quadricycle which has not been approved (approval, editor’s note) or who no longer conforms to it is punished for a professional two years’ imprisonment and a fine of 30,000 euros".
|
On the edge of the abyss… |
| For the manager of T-Rex, the moral, psychological and financial damage is heavy: without any other form of warning, the police disembarked on October 16 with beines trucks at the request of the public prosecutor of Melun, Serge Dintroz, to seize the equipment and arrest the manager.
Without fully understanding what was happening to him, the manager remained in custody for 44 hours … An ordeal that he does not wish on anyone, even if "the police remained very correct and understanding with me", he tells Site. This young 29-year-old entrepreneur, who created his company with two partners just two years ago, had opened two stores since 2005: one in Saint-Fargeau Ponthierry (77) and another in Franconville (95). Today without merchandise or turnover for two months, the company is on the brink of collapse and has already had to separate from its employee. The person in charge should take the decision to appeal tomorrow, with his lawyer. But whatever happens, "the company will not resist and it will be necessary to consider a cessation of activity", he regrets… |
The judge ruled that the article of law "being general", it targets any type of vehicle that has not been approved. This same circular, in its" note 2 ", however excludes from the ban"vehicles intended for use outside roads open to public traffic, in particular those exclusively used for competition".
The manager of T Rex feels he has served as a scapegoat … "Why did it fall on me ?, he asks himself, assuring that during an on-site check, the Directorate General for Competition and Fraud Control had observed no anomalies because the mini motorcycles sold are Apollos or CRZs all meeting EEC standards and customs obligations…
"In two years, the Chinese offer has changed enormously", he explains."They sell basic models to which the importer adds all the elements he wishes to improve quality, safety and correspond to European standards.".
T Rex has chosen to open two stores so as not to remain an anonymous seller on the internet and provide customers with after-sales service, advice and information. And whether on its website or in the store, customers everywhere are warned that the use of vehicles sold on public roads is strictly prohibited. A user guide is thus provided to each customer..
Locally, the manager got involved with the FFMC, road safety and the general councilor and mayor of Saint-Fargeau Ponthierry, Mr. Walker, to open a circuit of mini motorcycles on a communal land.
For him, "pocket bikes do not have the technical performance characteristics of traditional motorcycles, but they are more affordable for many young people. They allow them to have fun and find a hobby that fascinates them! Through the store, I try to ensure that mini motorcycles have a good image and make it clear that we don’t do anything with them."…
And it is clear that lately, the craze around mini motorcycles, pit-bikes and other pocket-bikes is rationalizing: specialized leisure centers are opening up everywhere, such as MX Land in Seine-et-Marne. , a few kilometers from Melun. In 2008, the first French pit-bike championship should even see the light of day with the endorsement of the FFM.
Coincidentally, Melun’s hearing took place just four days after the Villiers-le-Bel tragedy, where two teenagers lost their lives following a collision with a police car while driving through two without a helmet on a small off-road motorcycle … And coincidence or not, many media came to the hearing Thursday in Melun.
Since the law of January 5, 2006, the legislative framework has tightened around the use and marketing of mini motorcycles. The massive arrival, about three years ago, of Chinese machines, distributed in particular in discount retailers or on the internet, required a legal framework..
But between a period of legal vacuum and a total ban on sales – while the practice on closed ground is not called into question – the shortcut is rather severe and the mini motorcycles are in turn stigmatized….
This judgment, which does not take into account the exclusion of vehicles not intended for use on public roads, creates an antecedent which could not stop at mini motorcycles but concern all unapproved motor vehicles: motorcycles cross , kartings, quad cross, for which there is however a discipline and a sporting practice recognized and framed for decades…
Frederique DAUPHINOT – MX Land Photos
Related articles
-
Business – Motorcycle and scooter market: the French still have the virus! –
Motorcycle and scooter market: the French still have the virus ! The French still love motorcycles as much … and are buying more and more! This is the…
-
End of 100 horses, electric motorcycle … The CSIAM facing the big files 2015 The International Automobile and Motorcycle Union Chamber has drawn up its…
-
Business – JPMS is establishing itself as the benchmark trade fair for motorcycle pros –
JPMS is establishing itself as the benchmark trade fair for motorcycle pros After Avignon and Montpellier, the 3rd edition of the JPMS was held this…
-
Business – A new entrant in the motorcycle show war –
A new entrant in the motorcycle show war Four months before the Mondial, the motorcycle show war intensified with the arrival in 2006 of the Paris Moto…
-
Motorcycle strategy: how KTM became a Duke of the road MNC participated in an event organized by KTM in Thailand around its Duke range. The opportunity…
-
Business – What do the main players in the motorcycle world think? –
What do the main players in the motorcycle world think? ? For the main players in the motorcycle world, there is no urgent need to establish motorcycle…
-
Business – Polaris connects with electric motorcycle manufacturer Brammo – Used POLARIS
Polaris connects with electric motorcycle maker Brammo The Polaris Industries group is further diversifying its already considerable field of activity by…
-
Government exchange motorcycle technical control, brand new, against the law of 100 horses, little used… In a report which was to remain confidential…
-
Business – Bruno Muller takes the helm of Zero Motorcycle in France – Occasions ZERO MOTORCYCLES
Bruno Muller takes the helm of Zero Motorcycle in France After 12 years at Yamaha Motor France, 11 years at Piaggio and 11 more at Peugeot Scooters,…
-
Business – Motorcycle and scooter manufacturers expect a globally stable market in 2017 –
Motorcycle and scooter manufacturers expect a globally stable 2017 market Gathered this morning in Paris for the traditional press briefing of the…