Technical control of motorcycles is returned by decision of the State Council

Will come back or not come back? In the case of the particularly complex file on the technical inspection obligation for two-wheelers, we stuck to a simple refusal of the procedure. However, the Council of State has decided to reintroduce the controversial measure.

Motorcycle MOT back
Credits: Unsplash

Similar to the takeover of Twitter by Elon Musk, the MOT requirement for two-wheelers has seen many twists and turns. On August 1, 2021, we learned that the measure would come into force from 2023, which was confirmed by a decree published in the Official Journal.

But the situation turned around, in July 2022 the technical inspection of motorcycles in France was finally canceled. In fact, a new decree published in the Official Gazette has kept the provision under wraps. So we thought the matter was settled. But that was not counting the Council of State.

The Council of State reintroduces the technical control of two-wheelers

This Monday, October 31, 2022, The Supreme Court has ruled to reintroduce this controversial measure. The most administrative institution ruled that “the government’s decision of July 25 to reconsider the application of technical control to two-wheelers” was”illegal”.

It is recalled that three associations, namely Respire, Ras le Scooter and Paris without a car, had asked the Council of State to overrule the annulment decision taken by the government and to demand the reintroduction of roadworthiness tests for motorcycles with a displacement of more than 125 cc.

The Council of State has maintained two grounds of illegality to reconsider the decree of July 25, 2022:

  • The abolition of technical control should have been the subject of public consultation given its direct and significant impact on the environment
  • The alternative measures announced by the government are not sufficiently effective to improve road safety for motorcyclists in view of the requirements of the European directive

The State Council adds that these measures cannot be taken into account, “because they are still at the stage of projects or represent simple reflections”. In other words, and subject to further reversal, the two-wheeler MOT will see the light of day. But if ? That is the central question. In fact, the judges stated that their decision “a gradation in time” the implementation of the measure.

A schedule has not yet been set

On the government side we haveact of decision of the Council of State” stating that theydoes not lead to an immediate entry into force of the technical control, taking into account the need to pre-publish the application texts of the decree of August 9, 2021.

After the publication of the decision of the Council of State, Minister of Transport Clément Beaune announced conducting a consultation with stakeholders in the coming days affected “to determine the actions to be taken”. The minister added the schedule has yet to be determined ensure that there is no immediate application. Still happy according to the French Federation of Angry Bikers, which ensures that we “begins with a blank sheet of paper, the contents of which we do not know. The technical control centers are not ready at all”.

Source : Le figaro / Council of State