No, "PV sulphators" are not infallible... Here are the cases where they cannot fine you
LAPI vehicles can't punish everything on public roads. Their scope of action under the law is much more limited than it seems. Some situations are completely beyond their control...
The art of avoiding a fine requires dealing with legal considerations. Everyone is now familiar with the operation of LAPI cars , these " PV sprayers " responsible for issuing fines for non-payment of parking by scanning the vehicle's license plate. At first glance, the rule seems simple: this car will not show discernment, and you will receive a "fine" directly at home if you have not paid.
But as Maître Sébastien Dufour , a lawyer specializing in road law, explains to Le Figaro, the legal nature of paid parking has fundamentally changed. "The paid spaces provided for this purpose on public roads are now based on a contribution to space, to the occupation of the public domain," he summarizes. This is the result of the MAPTAM law (Modernization of Territorial Public Action and Affirmation of Metropolises) of January 27, 2014, which transformed the legal regime of paid parking.
Before this reform, paid parking violations were subject to the Highway Code with a criminal fine of 17 euros. Now, it is no longer an offense, it only constitutes the non-payment of the fee for occupying public property, managed in a decentralized manner by local authorities. According to Maître Rémy Josseaume , according to these rules, LAPI cars can only issue tickets within the very specific framework of their public service delegation, and this competence is therefore limited exclusively to the control of the post-parking fee, to the exclusion of any other offense.
The National Commission for Information Technology and Civil Liberties (CNIL) clearly reiterates the rule in a note from August 2020. LAPI cars cannot fine traffic offenses such as speeding, running red lights, refusing priority or other breaches of the Highway Code... A crucial point underlined by specialist lawyers: everything concerning delivery places , motorcycle places, entrances to neighboring buildings, constitutes a criminal offense relating to obstructive parking, which LAPI cars cannot see...
If a police officer happens to be passing by, everything changes. Fines for obstructive parking (€35 for double parking, in front of building entrances), very obstructive parking (€135 for disabled parking spaces, pedestrian crossings, cycle paths), or dangerous parking (€135 + 3 points for parking with reduced visibility, on turns, and intersections) may be issued.
lefigaro
