The prefectural decree relating to the obligation to fit winter tires or chains from November 1 to March 31 has been challenged in Puy-de-Dôme. A decision that could set a precedent.
Since last fall, pursuant to a law of December 2016, the prefects of 48 departments have established a list of municipalities in which winter tires or chains are mandatory from November 1 to March 31.
Last year, this measure was enforced with tolerance for offenders. Tolerance which should disappear by the end of the year. However, this will not be the case in Puy-de-Dôme. The prefectural decree stipulating the implementation of this measure has indeed been revoked.
In fact, the measure was on the entire road and motorway network. Where other departments limit it only municipalities located in mountain areas. A resident thought this “arbitrary and disproportionate” and requested the annulment of this order. Message received by the administrative court of Clermont-Ferrand, which canceled on July 20.
A decision that will set a precedent in other departments?
This decision is accompanied by a request to the prefect of Puy-de-Dôme “to re-examine the situation”. A decision that could pave the way for similar actions in other departments. In effect, Cantal, Haute-Loire or even Haute-Savoie also extend this decree to the whole of their territory.
The court stipulates that meteorological data recorded over the past five years, including the number of days of frost or ice, allow you to choose the areas concerned. However, the lack of distinction entails “a constraint disproportionate to the risk”according to the magistrates.
The prefect, for his part, fears a risk of illegibilityspeaking of “territorial lace”. He now has two months to launch a possible appeal of this decision. The conclusion of this case could make case law in other departments.
Also read on Auto-Moto.com:
Mandatory winter tires: are 4-season tires tolerated?
Winter tyres: more efficient than chains?
Winter tyre: all you need to know about winter and snow tires (law, price, test, used)
The prefectural decree relating to the obligation to fit winter tires or chains from November 1 to March 31 has been challenged in Puy-de-Dôme. A decision that could set a precedent.
Since last fall, pursuant to a law of December 2016, the prefects of 48 departments have established a list of municipalities in which winter tires or chains are mandatory from November 1 to March 31.
Last year, this measure was enforced with tolerance for offenders. Tolerance which should disappear by the end of the year. However, this will not be the case in Puy-de-Dôme. The prefectural decree stipulating the implementation of this measure has indeed been revoked.
In fact, the measure was on the entire road and motorway network. Where other departments limit it only municipalities located in mountain areas. A resident thought this “arbitrary and disproportionate” and requested the annulment of this order. Message received by the administrative court of Clermont-Ferrand, which canceled on July 20.
A decision that will set a precedent in other departments?
This decision is accompanied by a request to the prefect of Puy-de-Dôme “to re-examine the situation”. A decision that could pave the way for similar actions in other departments. In effect, Cantal, Haute-Loire or even Haute-Savoie also extend this decree to the whole of their territory.
The court stipulates that meteorological data recorded over the past five years, including the number of days of frost or ice, allow you to choose the areas concerned. However, the lack of distinction entails “a constraint disproportionate to the risk”according to the magistrates.
The prefect, for his part, fears a risk of illegibilityspeaking of “territorial lace”. He now has two months to launch a possible appeal of this decision. The conclusion of this case could make case law in other departments.
Also read on Auto-Moto.com:
Mandatory winter tires: are 4-season tires tolerated?
Winter tyres: more efficient than chains?
Winter tyre: all you need to know about winter and snow tires (law, price, test, used)
