Message 002
Communication from the Commission - TRIS/(2019) 01199
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2019/0198/F
No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.
(MSG: 201901199.EN)
1. MSG 002 IND 2019 0198 F EN 06-05-2019 F NOTIF
2. F
3A. Direction générale des entreprises – SQUALPI – Bât. Sieyès -Teledoc 151 – 61, Bd Vincent Auriol - 75703 PARIS Cedex 13
d9834.france@finances.gouv.fr
tél : 01 44 97 24 55
3B. Ministère de l’intérieur
Délégation à la sécurité routière (DSR)
Place Beauvau – 75800 PARIS CEDEX 08 – France
Téléphone : 01 49 27 49 27
Mel : bsc-sdpur-dsr@interieur.gouv.fr
4. 2019/0198/F - T40T
5. Decree on the regulation of personal transport devices
6. Motorised personal transport devices
7. -
8. The draft decree aims to define motorised personal transport devices as a new category of vehicle in the Highway Code, to define their technical characteristics and to define their use on public roads.
The choices made are intended to take into account the road safety issues of vulnerable users of personal transport devices, the safety issues for other vulnerable road users (cyclists, pedestrians, pedestrians with reduced mobility) and the issues associated with sharing public space between the various users.
Article R311-1 of the Highway Code is amended by the addition of paragraph 6.15 giving a definition of a motorised personal transport device as a vehicle without a seat, designed to transport a single person, which does not have any special fixtures or fittings intended for the transportation of goods, fitted with a non-thermal engine or non-thermal assistance and whose maximum design speed strictly exceeds 6 km/h but does not exceed 25 km/h. It may however have a saddle if it is equipped with a gyroscopic stabilisation system. Devices intended exclusively for people with reduced mobility are excluded from this category.
In addition, Article R321-4-2 is created in order to sanction users of motorised personal transport devices operating at speeds > 25 km/h; these may not be driven on public roads.
Articles R313-4, R313-5, R313-19, R313-20, and R313-33 of the Highway Code are amended to specify that these devices, like cycles, must be fitted with front position lights, rear position lights, orange lateral reflectors, a white front reflector and an audible warning device.
As regards the traffic rules, Article R412-43-1 is created in the Highway Code, indicating - in principle - the traffic spaces in which users of personal transport devices can and should circulate, inside and outside built-up areas. It should be noted that in contrast to cycles, which can only be obliged to circulate in cycle lanes or on cycle paths by the police authority (Article R431-9), users of motorised personal transport devices are, in principle, obliged to circulate in cycle lanes or on cycle paths in built-up areas, where these spaces exist.
This article also covers the possibilities available to mayors to provide for exemptions from this general framework. In particular, mayors may permit circulation on pavements, while ensuring that pedestrians are not inconvenienced.
Finally, this article specifies the sanctions incurred by users of motorised personal transport devices if they fail to observe the traffic rules applicable to them. As is the case with cycles, they will generally incur a class two penalty (C2).
9. Road safety issues:
This provision is expected to have a positive impact on road safety. Although the road safety statistics for 2017 show that five people were killed and 284 injured through the use of these devices, in fact the rapid growth in their use suggests that there has been no significant increase in the accident and mortality rates associated with the use of motorised personal transport devices.
The direct effect of this decree will be to give law enforcement officials a regulatory framework enabling them to characterise offences and sanction certain types of behaviour breaching the road safety rules, in order to encourage more prudent behaviour and more responsible use of these vehicles.
Indirectly, by specifying the characteristics of devices permitted to circulate on public roads and the requisite safety requirements (notably with regard to lights and brakes), these regulations will help to regulate the placement on the market of these devices and in time lead to the marketing of safer devices.
Faced with similar phenomena, a number of other European countries have issued or are in the process of issuing regulatory provisions defining and controlling the rules for the use of these devices.
10. No basic text(s) available
11. No
12. -
13. No
14. No
15. -
16. TBT aspect
No - the draft has no significant impact on international trade.
SPS aspect
No - the draft is neither a sanitary nor phytosanitary measure.
**********
European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu