Paying the wrong amount of the fine, registering a vehicle in the name of a minor, refusing to pay a fine… there is a lot of information and misinformation circulating on this subject. Maitre Claire Boutaud de la Combe, lawyer at the bar answers it point by point.
Par Claire Boutaud de la Combe
Permits without points…
Are all permits up to date?
Yes, all permits are up to dateregardless of their date of issue.
With the law of July 10, 1989 which comes into force in 1992, the driving license in France acquires a capital of 12 points.
Since 2004, a distinction has been made between probationary permits (young permits for 3 years) and permanent permits (after 3 years). The probationary license is a 6-point license. Each year, the holder of the probationary license recovers 2 points, provided that he does not commit an offense (or that he disputes the offense committed).
Say that : ” driving licenses issued before July 1, 1992 are not subject to the loss of points” is therefore a pure hoax.
Is it true that there would be no deduction of points in the event of payment of a fine of an incorrect amount to the public treasury (1 euro more or less)?
Today, the automated online fine payment system (as well as settlement by stamp) prevents this assumption from happening. This was especially true when offenders paid their fines by check.
This rumor according to which, by paying an amount slightly higher (or even lower) than that appearing on the notice of payment of an electronic PV, it would be possible to escape the withdrawal of points on the license, is completely false.
It is not the Public Treasury that determines whether points are withdrawn or not.
The reality of an offense resulting in the withdrawal of points is established by the payment of a fixed fine but not only. In the event of an increase, the principle of the withdrawal of points is also acquired.
In the event of inaccurate payment of a fine, the public treasury will reimburse the offender, but this will have no consequence on the principle of the withdrawal of points.
No payment, no withdrawal?
Is it true that if I don’t pay my PV there can be no withdrawal?
No, because several factors trigger the decision to withdraw points (art. L.223-1 of the Highway Code):
- payment of a fixed fine,
- the issuance of the enforceable title of the increased fixed fine,
- the existence of a final conviction pronounced by a court.
The absence of payment will therefore not prevent the loss of points which will be likely to occur from the moment when the initial fine not paid by the offender is “increased”.
In addition, in the event of a final conviction (that is to say if the offender has not appealed against his conviction), the withdrawal of points is automatic.
In practice, due to the congestion of the services of the National Driver’s License File, the decision to withdraw points can take place many months after the triggering factor for the withdrawal of points.
Registration by a minor
Can a vehicle requiring a driving license be registered in the name of a minor?
Gray cards in the name of minors to avoid a withdrawal of points: evolution of the regulations and consequences on the license with points:
Until 2017, and the 21st century justice modernization law, it was still possible to register a vehicle in the name of a person who did not hold a driving licence.
A minor could hold a gray card for any type of vehicle.
Thus, when an offense was detected automatically, it was impossible to withdraw the corresponding points since the minor did not, by definition, hold a driving licence. Many parents have taken advantage of this situation.
From now on, to be able to register a vehicle, it is compulsory to appoint a holder holding a driving licence. The minor can simply be the “co-holder”.
The only case where a minor can be the only holder of the gray card is that of a 2 wheels of less than 50 cm3 provided that he is in possession of the BSR.
After being sworn in in 2006 and acquiring a solid background in criminal law, Claire Boutaud de la Combe created her own firm in 2011, specializing in the defense of motorists. She defends, advises, assists or represents individuals and companies before administrative, civil and criminal courts. She accompanies individuals, victims or perpetrators of offences, throughout the criminal litigation that involves them.
Photo : Celestin92 / Wikimedia Commons / CC-BY-4.0