French Code of Criminal Procedure
In forceI.-For the application of article 529-6, a payment notice including a payment card as well as a protest card is sent by the operator to the holder of the registration certificate.
For offences recorded following the use of a toll device enabling vehicles to be identified and the amount of the toll to be collected without recourse to a physical barrier, a single payment notice is sent for a single journey within the meaning of Article R. 419-1 or Article R. 419-2 of the Highway Code, as applicable.
II.-This notice mentions:
1° The date, time and place of the offence, the facts recorded, the registration number and category of the vehicle and the identification of the sworn official of the operator who recorded the offence;
2° The total amount of the sums whose payment constitutes completion of the transaction, distinguishing between:
a) The amount of the fixed penalty, which is set at ninety euros;
b) Where applicable, the amount of the reduced fixed penalty, which is set at ten euros;
c) The amount of the sum due in respect of the toll evaded;
d) Where applicable, the amount of the sum due in respect of the departmental right of way provided for in Article L. 321-11 of the Environment Code.
For offences recorded as a result of the use of a toll collection system enabling vehicles to be identified and the amount of the toll to be collected without the use of a physical barrier, the date and time of the offence are the date and time at which the payment deadlines granted by the operator to pay the amount of the toll due for the journey concerned expire. The place of the contravention is the designation of the toll device or devices passed on this route and allowing the identification of vehicles and the collection of the toll amount without recourse to a physical barrier.
III.-The payment notice reproduces the provisions of article L. 121-2 of the Highway Code and informs the offender that, within two months of the notice being sent:
1° Either pay the sums mentioned in a, c and d of 2° of II, by means of a bank cheque cleared in France attached to the payment card and sent to the operator's department whose address appears in the notice, or by any other means of payment mentioned therein;
2° Or lodge a protest with the operator using the card for this purpose.
For a contravention recorded following the use of a toll device allowing vehicles to be identified and the amount of the toll to be collected without recourse to a physical barrier, the payment notice informs the offender that he may, within fifteen days of the notice being sent, pay an amount comprising, in addition to the sums mentioned in c and, where applicable, d of 2° of II, the reduced fixed allowance mentioned in b of the same 2° instead of the fixed allowance mentioned in a.
The payment notice informs the offender of the consequences of failing to pay or protest within the two-month period, as mentioned in the last paragraph of article 529-6 of the present code and article L. 419-1 of the highway code.
IV.-Compliance with the two-month and fifteen-day time limits is assessed with regard to the date of automated remote payment or online payment or with regard to the date of dispatch of the means of payment or the protest attested by the postal operator's stamp.
V.-A joint order of the Minister of Justice and the Minister for Roads sets out the information to be included in the official statement of offence drawn up by the operator's sworn official. It sets out the models for the official statement of offence and the payment notice.
