Drivers & motorcyclists are obliged to carry breathalyser kits from 1 July 2012
As reported at the turn of the year in our article Tougher Road Traffic Laws in France for 2012, the French government was proposing to make it obligatory for all motor vehicles (excluding mopeds) to be equipped with breathalysers to test alcohol levels in a driver’s bloodstream.
Now it’s official – with the publication last week of the new law in France’s Journal Officiel, the official French government gazette where all new laws in France are promulgated.
From 1 July 2012, any driver of a motor vehicle (including motorcyclists) will need to add a breathalyser to the list of equipment to be carried inside the vehicl while driving in France along with hi-visibility vests and warning triangles. The new French breathalyser law applies to all drivers whether French or foreign and any driver discovered by the gendarmes to be not carrying an alcotest breathalyser kit whilst driving, will face a fine of €11 once the law is fully in force from 1 November 2012.
Between 1 July and 1 November, the new French breathalyser law as published in the Journal Officiel provides for a period of grace whereby although the obligation to carry the breathalyser kit on French roads remains, motorists with no on-board breathalyser will be warned of the necessity of carrying them. The delay in the imposition of fines is to allow for more publicity of the new driving law in France and to ensure manufacturers of breathalysers in France can cope with demand.
In France, the only exception to the new breathalyser regulations amongst motorised vehicles is mopeds (cyclomoteurs) with an engine capacity not exceeding 50cc.
Driving whilst under the influence of alcohol remains a major contributory factor to deaths and serious injuries on French roads, despite the French legal limit being half that of the UK. Road fatalities on French roads declined by an insignificant amount in 2011 from the previous year’s figures and still hover around the 4 000 per annum mark. By comparison, deaths on the UK’s generally much more congested road network stood at 2 222 for 2009 and 1 857 for 2010.
A spate of serious accidents and spiralling road casualty figures at the beginning of 2011 led the French government to have a rethink on a number of tougher measures including changes in the law on speed camera warning devices and, of course, the new French breathalyser regulations. A further factor concerns an EU obligation on the French government to bring down the number of road deaths. U nless EU target figures are met, then member states failing to comply face stiff financial penalties.
The French government hopes that by merely having the breathalyser equipment in a car, motorists may think twice before taking to French roads having consumed alcohol above the legal limit.
In supermarkets, the breathalyser kits are expected to cost about €1.50 each but it may be advisable to carry at least two breathalysers in each vehicle. If the one and only breathalyser in a car is used, the test is negative and the driver is subsequently stopped by the gendarmes, he or she will not be able to point to an unused, approved, in-date breathalyser within the vehicle.
For multi-car families, buying online may be a cheaper option. Test-drogue.fr, for example, is selling packs of 10 of the breath-test kits for €12.67 (search under ‘ethylotests’).
Any alcotest breathalyser intended for use in France must comply with the French standard Norme Française or NF. Breathalysers must be ‘in date’ to comply with the new French motoring law and the ‘use by’ date on each breathalyser kit carried in a vehicle should be regularly checked to ensure compliance with the new French motoring law.
The full text of the new French breathalyser law can be found on the French government’s Legifrance website – Décret n° 2012-284 du 28 février 2012
Posted on: 28/04/2012 at 14:18