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All the infringements are classified in 5 classes. The infringements of 1st class relate to the lightest infringements, those of 5th class heaviest. But to relieve courts, the infringements with the parking and traffic regulations being extremely numerous, the legislator envisages simplified procedures.
The contractual fine is the simplified procedure which makes it possible a contravener to avoid criminal prosecutions by the payment of a lump sum. It applies to the infringements of the first 4 classes except:
- when the incurred infringements exceed 1.500 Euros,
- if there were material damage or body,
- if there are possibility of sorrow of imprisonment, suspension, cancellation or prohibition of delivery of the driving license.
- The contractual fine is undervalued (- 30%) for the majority of the infringements (except those relating to the parking) if you discharge some immediately or in the three days or the 15 days when the official report is addressed by mail to the residence of the holder of the automobile license.
- Passed the 30 days deadline, the contractual fine takes again its “normal tariff”.
- The raised contractual fine
- In the event of non-payment of the contractual fine or if you did not present a complaint within 30 day, the raised contractual fine is emitted, and then is recovered by the Treasury. The increase of the fine gives place to the establishment of thirty days an executory title at the end of which the Treasury will be able to carry out forced covering.
You lay out, also, of a 30 days deadline to formulate a complaint directly near the police court. If this one is considered to be admissible, the executory title will be cancelled. The Public ministry can decide to classify without continuation or to engage of the continuations in your opposition in front of the police court.
The infringements of 5th class cannot profit from the mode of the contractual fine, the passage to the court is automatic.
“Whenever the payment envisages it, when a natural person, already condemned definitively for an infringement of the 5th class, within one year as from the expiry or of the regulation of the preceding sorrow, the same infringement, the maximum of the sorrow of incurred fine makes is increased to 3.000 Euros. Whenever the law provides that the repetition of an infringement of 5th class constitutes an offense, the repetition is made up if the facts are made within the 3 years deadline of as from the expiry or the regulation of the preceding sorrow” (Article 132-11 of the Penal code).
There exist two possible procedures:
- the simplified procedure, the public prosecutor, seized of the infringement, transmits the file of the continuation and its requisitions to the court. This one slices without debate, namely without convocation of the driver, and returns a decision of release or judgment;
- the traditional procedure, the contravener is convened in front of the court and it can be assisted of a lawyer.
How to pay its fine ?
By Internet
HTTP: //www.amendes.gouv.fr
You can regulate the fines resulting from the automated control system (radar) as all the fines whose reference home-banking is present on the heel of payment.
The protected payment is carried out by credit card, one cannot pay that only one fine at the same time and the infringement must be gone back to less than 45 days. You will obtain directly on line the document in proof of payment.
By telephone
You can also pay by credit card while telephoning the 0.820 11 10 10 (0.12 €/min). You will obtain the document in proof of payment by mail under approximately 48 hours.
By check
Establish a check in Euros with the order of the Treasury and to return the Purchasing card part of the opinion of infringement with the envelope united without forgetting to free it.
By stamp-fine
Stick the part of the stamp fine in the reserved zone of the Purchasing card. Return the whole in the envelope united without forgetting to free it.
By dematerialized stamp
You can pay your fine near one tobacco dealer approved “electronic payment of the fines”. It is enough to present to him the purchasing card or of consignment of your Opinion of infringement and to regulate the entirety of the amount indicated. N the other hand, it will give you the document in proof of the payment or the consignment of the fine.
Five classes of infringements
Infringements of 1st class
Paying parking
- fine contractual: 11 Euros
- fine raised (after 45 days): 33 Euros
- fine maximum: 38 Euros.
Not-presentation of obligatory papers
- fine contractual: 11 Euros
- fine rose: 33 Euros.
Infringements of 2nd class
Parking obstructing or prohibited
- fine contractual: 35 Euros
- fine raised: 75 Euros
- fine maximum: 150 Euros.
Material change of direction without preliminary warning
- fine undervalued: 22 Euros
- fine contractual: 35 Euros
- fine raised: 75 Euros
- fine maximum: 150 Euros.
Circulation on tape emergency stop
- fine undervalued: 22 Euros
- fine contractual: 35 Euros
- fine raised: 75 Euros
- fine maximum: 150 Euros.
Use of a telephone held in hand by the driver of a vehicle
- fine undervalued: 22 Euros
- fine contractual: 35 Euros
- fine raised: 75 Euros
- fine maximum: 150 Euros.
Not payment of the toll of a highway work
- fine undervalued: 22 Euros
- fine contractual: 35 Euros
- fine rose: 75 Euros.*
Infringements of 3rd class
Speed excess <20 (on way where the speed limit is higher than 50 km/h)
- fine undervalued: 45 Euros
- fine contractual: 68 Euros
- fine raised: 180 Euros
- fine maximum: 450 Euros.
Circulation of a vehicle not equipped with screw-locking devices in conformity
- fine contractual: 68 Euros
- fine raised: 180 Euros
Infringements of 4th class
Alcoholic driving under influence with a rate equal or higher than 0,25mg/l and lower than 0,4 mg/l of expired air (or equal or higher than 0,5 g/l and lower than 0,8 g/l in blood)
Refusal to give way
Non-observance of the stop to red light or the stop
Circulation of prohibited direction
Execution of a step back or a half-turn on highway
Non-observance of the security distance between two vehicles
Dangerous going beyond
Crossing of continuous line
Overlapping of continuous line
Acceleration by the driver about to be exceeded
Defect of port of the safety belt
Speed excess <=40 and >50
Speed excess <=30 and >40
Speed excess <=20 and >30
Speed excess <20 on way where the speed limit is lower than 50 km/h.
- fine undervalued: 90 Euros
- fine contractual: 135 Euros
- fine raised: 375 Euros
- fine maximum: 750 Euros.
Infringements of 5th class
Transport, detention, use of apparatus intended to detect or disturb speed controls
Speed excess >50 km/h
Defect of compulsory insurance
Involuntary injuries having involved an incapacity < or = 3 months
Traffic on an ice thaw barrier
- fine maximum of 1.500 Euros,
- if repetition: 3.000 Euros.
Can one dispute the infringement ?
Since the infringement concerns a contractual fine, the driver must address a complaint to the officer of the public ministry (OPM) whose address is registered on the opinion of infringement. This officer can either classify the business without continuation, or to transmit the file to the police court which will convene the interested party or will return an ordinance penal taken without the driver not being heard. The ordinance can, either to release the driver, or, more often, to fix the amount of the fine to be paid which will be, at least, that of the contractual fine. The driver has thirty days to make opposition to this ordinance. He will then be convened in front of the police court.
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