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Decree “scooters” attacked at the Council of State

“We'll throw a paver in the pond!” Jean-René Albertin does not disarm. This Parisian septuagenarian who co-founded the association of accident victims of scooters Apacauvi has just launched his new offensive in the battle he has been fighting for several months against the mayor of Paris and, more generally, against the “anarchic” deployment of electric scooters in free-floating in the streets of the capital. According to our information, his association has lodged an appeal in summary with the Council of State to request the cancellation of the Decree of 23 October 2019 (published in the Official Journal on 25 October) which integrates scooters (but also gyroroues and hoverboards) to the Highway Code and set the rules of the road.

Speed ​​limited to 25 km / h, no traffic on sidewalks, minimum age of 12 yearsthese rules came into force the day after the publication of the decree, with the exception of a few specific articles planned for the 1st July 2020. “Before this decree, the scooters were developed in favor of a legal void.Circulation on the sidewalks, in the opposite direction, to several on the same machine … Users were doing what they wanted,” recalls Master Benjamin Brame, a lawyer at the Paris Bar, who represents the Apacauvi. And the situation does not risk, according to him, to arrange: “The new rules set that confirm that the anarchic practices that developed before the publication of this decree,” he regrets.

“Cannon fodder for motorists”

The text provides in particular that the use of scooters in the city should exclusively be on bike paths … when they exist. “This means that in cities where there are no bike paths, which is the case in much of the Île-de-France, town halls may allow scooters to use sidewalks as a derogation. . ” What about the authorization to ride on road outside the city? “Clearly, scooters will not have to drive more than 25 kilometers per hour, but they will be able to drive on roads where vehicles drive more than 50 kilometers an hour, which is like providing cannon fodder to motorists,” he said. astonishes the lawyer, provocateur, who denounces the “inconsistencies” of this decree in which “each rule may, in the end, be the subject of a derogation”.

Defending to have a “liberticidal” approach to the use of scooters, which has exploded in large cities, especially in Paris where there are about 15,000, Benjamin Brame says to place “from the point of view of the victims “Scooter accidents. Very difficult, that said, to quantify the accidentology related to this mode of travel. “The authorities do not communicate any data”, deplores Jean-René Albertin. For months, his association – which was received in August by the Ministry of Transport – goes fishing for information, emergency services, firefighters or law enforcement. She peels the regional press and her news pages to get an idea. And today starts on the assumption “very conservative” of 165 people hospitalized per month because of a scooter accident nationwide. In the first ten months of 2019, moreover, seven deaths would be to deplore, according to the Apacauvi.

The case is now in the hands of the Council of State, which hopes the association could suspend the decree pending a decision on the merits of the appeal. According to Master Benjamin Brame, his decision on interim relief could intervene “within three weeks to a month, or even more quickly in view of the urgency of the situation”.

“We'll throw a paver in the pond!” Jean-René Albertin does not disarm. This Parisian septuagenarian who co-founded the association of accident victims of scooters Apacauvi has just launched his new offensive in the battle he has been fighting for several months against the mayor of Paris and, more generally, against the “anarchic” deployment of electric scooters in free-floating in the streets of the capital. According to our information, his association has lodged an appeal in summary with the Council of State to request the cancellation of the Decree of 23 October 2019 (published in the Official Journal on 25 October) which integrates scooters (but also gyroroues and hoverboards) to the Highway Code and set the rules of the road.

Speed ​​limited to 25 km / h, no traffic on sidewalks, minimum age of 12 yearsthese rules came into force the day after the publication of the decree, with the exception of a few specific articles planned for the 1st July 2020. “Before this decree, the scooters were developed in favor of a legal void.Circulation on the sidewalks, in the opposite direction, to several on the same machine … Users were doing what they wanted,” recalls Master Benjamin Brame, a lawyer at the Paris Bar, who represents the Apacauvi. And the situation does not risk, according to him, to arrange:

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