Retro-reflective equipment mandatory in 2013
It is now official: from January 1, 2013, drivers of motorcycles and scooters over 125 cm3 and motor tricycles over 20 hp must wear retro-reflective equipment, under penalty of a fixed fine of 68 euros and a withdrawal of two points ! Explanations.
It is now official: from January 1, 2013, drivers of motorcycles and scooters over 125 cm3 and motor tricycles over 20 hp must wear retro-reflective equipment, under penalty of a fixed fine of 68 euros and a withdrawal of two points! Explanations.
New article R. 431-1-2 of the highway code |
Art. 23. – After article R. 431-1-1, a new article R. 431-1-2 is inserted as follows: Art. R. 431-1-2. – When they are moving or when they are brought down from their vehicle immobilized on the roadway or its surroundings following an emergency stop, all drivers and passengers of a motorcycle with a cylinder capacity greater than 125 cm3 or a category L5e vehicle with a power greater than 15 kW / h must wear clothing fitted with retro-reflective equipment, the characteristics of which are set by order of the Minister responsible for road safety. The fact for any driver or passenger of a motorcycle or tricycle referred to in the first paragraph of contravening the provisions of this article is punishable by the fine provided for third class contraventions.. This fine, when committed by the driver, automatically gives rise to a reduction of two points of the driving license.. Art. 25. – Drivers and passengers of a motorcycle with a cylinder capacity greater than 125 cm3 or of a category L5e vehicle with a power greater than 15 kW / h must comply with the obligation provided for in article 23 of this decree no later than January 1, 2013. |
The Ministry of the Interior has just published in the Official Journal Decree No. 2012-3 of January 3, 2012, specified by an order of January 3, 2012, relating to retro-reflective equipment which will be mandatory, from January 1, 2013, for drivers and passengers of a motorized two-wheeler of more than 125 cm3 "or of a vehicle of the L5e category with a power greater than 15 kW" (20.4 hp, Editor’s note).
Not compulsory for cyclo and 125
Concretely, if it almost expressly targets MP3 drivers, this obligation does not affect – for the moment – cyclo and 125 cm3 drivers. Which is largely surprising, since due to their smaller size and less powerful lighting, cyclos and 125s are even less visible than larger engines….
According to our information, it could be explained in particular by the fact that these vehicles circulate mainly in built-up areas, where fatal accidents are less numerous. On the other hand, users of mopeds and 125s have already been sufficiently "cooled" by the previous decisions of the IRB, with respectively the technical control and the 7-hour training….
It is however a safe bet that this obligation will extend in the future to all two and three wheels regardless of their displacement, according to the same pattern as the wearing of a helmet (first made compulsory in 1973 for large out of town, then gradually extended to all motorized two-wheelers).
Is my jacket compliant ?
According to the decree published today in the Official Journal, the retroreflective equipment can be "in one or more parts" but must imperatively "be of a total surface at least equal to 150 cm2".
While waiting to see on our roads – with a certain perverse impatience, let’s face it! – the "police" take out their seamstress tape, so you have to measure precisely all the retro-reflective parts of your current jacket to know if it will pass the 2013 bug…
If the retro-reflective equipment is not in conformity, it will be necessary either to change the jacket, or to "superimpose one by any means" provided that it is "worn on the upper body, with the exception of the helmet, from the waistband to the shoulder line, so as to be visible to other road users ".
Clearly, a retro-reflective 30 cm by 5 cuff slipped on the sleeve will do the trick … which is curiously not the case of the one distributed to journalists by the Ministry of Transport! With its 25 cm by 5.8 (145 cm2), the official "All Responsible Road Safety" armband (photo above) is simply not compliant….
3rd class fine and withdrawal of 2 points
Too bad, because "the fact for any driver or passenger of a motorcycle or tricycle referred to in the first paragraph to contravene the provisions of this article is punished by the fine provided for third class contraventions", provides for the new article R. 431-1-2 of the Highway Code … Not to mention that "this contravention, when committed by the driver, automatically results in the reduction of two points of the driving license" !
"A stupid measuring cup made in a rush" |
The French Federation of Angry Bikers (FFMC) immediately reacted by calling this obligation to wear retro-reflective equipment a "stupid measure taken in a rush". "The bikers already wear four retro-reflective stickers on the helmet and they ride with the headlight on", recalls the FFMC, stressing that a "retro-reflective device is useless in broad daylight". "We also know that the issue of visibility is not a problem of lighting or clothing colors, but a problem of inattention by motorists who are insufficiently trained in coexistence with more and more motorized two-wheelers" , continues the association for the defense of bikers, wondering "why only bikers over 125 cm3 are targeted when they are the best equipped of all users of motorized two-wheelers". The FFMC believes that "the government is missing the mark" and denounces this "stupid measure and again hastily tinkered with which will cost us more license points from next year". She therefore calls on "the opponents of the government in charge until next spring to mobilize vigorously", because "if we have to be seen so as not to be fooled, we will show ourselves"… |
To start the year well, the Minister of the Interior also took several other decisions creating or aggravating traffic offenses..
Among other bliss, "the possession, transport and use" of a non-compliant radar warning device (read in particular) is now liable to a fine of 1500 euros (!) And a withdrawal of 6 points (!! ).
Tightening of sanctions and new offenses
The "circulation on an emergency lane" goes from 35 to 135 € (by the way, the same penalties are extended to the simple "crossing of the emergency lane") and "detention a non-compliant license plate "will now cost 135 € (instead of 68).
The only real advance for road safety: the use of a "hand-held" telephone is now punishable by a fine of 135 € (instead of 35) and a withdrawal of three points (instead of two) , while "viewing a television screen" goes from 135 to 1500 € with a withdrawal of three points instead of two. In the absence of "television", will our friends the truck drivers rush en masse to iPads or 16: 9 laptops with integrated DVD player? ?
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