Small businesses will finally escape the PV for non-designation of the driver

This may be the end of a real scandal affecting artisans, self-employed entrepreneurs and other one-person businesses. New case law from the Court of Cassation dating from April 2020 no longer requires them to denounce themselves as the driver of the vehicle verbalized by an automatic radar before paying the fine. Since January 1, 2017, companies (legal person) have, in effect, the obligation to denounce the employee (a natural person) who was driving a vehicle taken in violation. In which case, she incurs another fine for “non-denunciation” of the driver in the amount of 675 euros (reduced to 450 euros and increased to 1,875 euros).

This practice is understandable in large companies, but completely absurd in small companies, such as artisans and self-employed workers, who are their own boss. “We were in cases where professionals, the only user of their company car, paid their fine in good faith but received another fine a month later because they had not self-reported,” says Maître Eric de Caumont , lawyer specializing in road law.

>> Read also – The deadline for paying fines is doubled until June 24, 2020

This jurisprudence of April 24 should solve this problem which has affected many professionals in recent years. But how ? “We can expect a change in practices or the CERFA form (notice of violation, editor’s note),” said the lawyer. Many questions remain unanswered, and many doubts remain. “Is there a file on their computers to distinguish a large multinational from a small plumber? A file referencing the liberal professions which are not companies but which received all the same a second PV? If this is not the case, it may be a mess, “fears Maître Eric de Caumont.

Do not pay the fine!

The best solution to date remains to denounce

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