The information did not go badly at the end of the year: the deputy (LREM) Damien Pichereau would have proposed to the government to sanction the lack of technical control via automatic radars. At least he would have challenged the Secretary of State for Transport, Jean-Baptiste Djebbari, in this sense. It was the radars-auto site that launched the subject.
And indeed, Damien Pichereau made the point, in a written question to the government, that like flashed vehicles ” are also compared to the file of insured vehicles, which is a very relevant way to fight against driving without insurance “, it would be just as appropriate to consider ” to extend this device to the control of the validity of the technical control “.
According to the majority parliamentarian, “ 40% of users “would pass the technical control of their vehicle” with delay », there would therefore be enough to put the package on the verification of this rule!
Except that nothing is decided. And the member’s question is not even recent. It dates back to the end of 2019. As for the response from the Ministry of Transport, delivered much later, if it is not as old, it does not date from yesterday either, since it intervened during the summer.
No political decision yet
Above all, it in no way allows us to conclude that the verbalization of such a defect by the speed cameras will soon be effective. On the one hand, the ministry does not confirm this 40% rate of delay, while acknowledging ” a significant number of vehicles [qui] are not presented for inspection within the regulatory deadlines “.
On the other hand, he merely states that ” the Government will examine under what conditions the file of vehicles flashed by fixed radars could be compared with that of vehicles checked as well as the consequences that could be drawn from this “… To deduce that it will be done very quickly could therefore seem a little cavalier.
Damien Pichereau was himself “quite surprised” by this return to the news, confides to us one of his assistants. In fact, his question came only a few weeks after the official launch of the file of insured vehicles (FVA), which allows law enforcement to be able to check that drivers are not driving without insurance.
And since then, there has also been the idea that the verbalization of this crime of lack of insurance by speed cameras is also in place. However, as Colonel Collorig, head of the Coordination Unit for the Fight against Road Insecurity (UCLIR) within the Ministry of the Interior, explains to us, if everything is in order to proceed, it nothing, in practice.
No automated fines for the uninsured
” The insurer has 72 hours to integrate a new insured into the FVA. As a result, we sometimes have “false-positives” and conversely, of course, “false-negatives”. “. From there, would the automation of sanctions seem too risky? It is difficult to say whether the problem is mainly technical or political. Still, this control by radar is not effective.
Admittedly, the file is systematically consulted in Rennes (all this being automated there, as a reminder), and if necessary, warning letters are sent to drivers identified as uninsured. But this does not give rise to the sending of tort fixed fines (AFD) of 500 euros…
Discussions are still ongoing in Beauvau to find a solution with insurers. The latter, however, do not seem very concerned. Quite simply because, according to them, the file already seems fully operational and complies with the requirements of the authorities.
” With a reliability rate measured at more than 99%, the FVA (…) is proving to be an extremely effective device in the fight against non-insurance, and much more effective than the paper documents (green card and sticker) currently used, which do not make it possible to detect either fakes or contracts terminated during the year, but which penalize policyholders who have forgotten to change the sticker on their windshield “, argues Franck Le Vallois, general manager of the French Insurance Federation (FFA), interviewed by Caradisiac.
Seen but not taken to avoid mass litigation?
According to our information, of all the offenses detected by speed cameras (speeding + red lights), i.e. some 18.5 million in 2020 or 20.5 million in 2019, there would be 2 to 3% which would correspond to uninsured vehicles. With a ladle, we can therefore estimate that there are around 500,000 per year, which seems enormous, compared to the figures of manual verbalization!
According to the annual reports of offences, the fines drawn up for this offense are around 90,000 per year. They would therefore be more than quintupled with radar! Could it be the litigation likely to be generated with such an automated verbalization that would slow down the enthusiasm of our authorities? Possible…
To return to the lack of technical control, would it be possible for the executive to activate such an automatic process quickly? One certainty: technically, it really wouldn’t be complicated.
There is no need to create a new file: all useful and necessary information is contained in real time in the Vehicle Registration System (SIV) “, recognizes Colonel Collorig, because the SIV is interconnected with the processing of the Central Technical Organization (OTC) which precisely manages these technical control visits.
Clearly, the Rennes National Processing Center (CNT) already has everything in hand, by simply querying the car registration file, to be able to draw up reports relating to this offense… Now, that does not mean that it is allowed!
It would still be necessary that the decree of October 13, 2004 creating the automated control system and that the decree of 2016 which references all potentially verbalizable offenses without arrest, be modified in this direction. Incidentally, the opinion of the CNIL would also be inevitable. However, all that, to our knowledge, is not yet in the pipeline! Until when ? That is the question.
Driving without technical control, without insurance: what are the risks?
– The first technical inspection must be carried out during the 6 months before the 4th anniversary of the first entry into service of a vehicle. Then, from there, it is to be renewed every 2 years (or carried out within 6 months before a sale). Failing this, the holder of the registration certificate risks a fixed fine of 135 euros (reduced to 90 euros if it is paid quickly, or increased to 375 euros, if it is not paid within the time limit), in addition to the immobilization and/or impoundment of his vehicle.
– Driving without car insurance is an offence, which can lead to a fine – up to 3,750 euros – and imprisonment – up to 10 years. A fixed fine procedure may also apply when it is a first time.
The possibility of lump sum certain traffic offenses was in fact introduced by the law of November 18, 2016 on the modernization of justice in the 21st century, with an effective implementation from November 1, 2018. For the time being, only two traffic offenses are concerned: driving without a license (or an inappropriate licence) and driving without insurance. This tort fixed fine (AFD) then amounts to 500 euros for this lack of insurance, reduced to 400 euros and increased to 1,000 euros.
According to the latest statistics made official by the National Agency for the Automated Processing of Offenses (ANTAI), Rennes sent 112,000 AFDs in 2020. This all-round figure – and therefore certainly approximate – does not include insurance defaults alone, nor even only traffic offences. It apparently incorporates the new DFAs for illicit narcotics use, generalized from 2020.
” Of all the files relating to fixed price traffic offenses identified by the police in 2020, 79% relate to a lack of insurance », Specifies only the last activity report of Antai. According to our calculations – also necessarily approximate – this should correspond to some 65,000 AFD for this insurance default alone.
As a reminder, these AFDs are therefore not the result of automatic speed camera checks, even if it is the Rennes CNT which is responsible for sending them. These are indeed manual procedures, triggered by the police on the ground. The record of offenses for 2020 has still not been made public, but as mentioned in our article, this offense generates overall 90,000 verbalizations per year.
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