Since January 1, 2011, a 7-hour training has been set up to allow the holders of a license B to drive a scooter 50 to 125 cm3 in safety.
Chapter 1. The obligation
Indeed, theDecree of the Ministry of the Interior of 17 December 2010 specifies in its article 1:
The category B driver's license authorizes the driving on the national territory of a light motorcycle or a vehicle of category L5e provided that the driver has held this category for at least two years and that he has received practical training whose conditions are laid down in this decree.
and Article 2 adds:
From 1 January 2011, the training provided for in Article 1 shall be for a period of seven hours.
Therefore, it is clear that must have followed a training of 7 hours to drive a 125 scooter, while holding license B for over 2 years.
It should be noted that this obligation has been codified by Article R221-8 of the Highway Traffic Act.
Chapter 2. And for B licenses already issued?
Section 2.1. Violation of the principle of non-retroactivity of the law?
When I look at the Internet (infinite source of LOL), some argue that B permits already issued at the entry into force of the law are not affected by the "sacrosanct principle of non-retroactivity of the law” .
The lawyer you are, must be laughing in his chair.
As Portalis (editor of the Civil Code) said:
The office of the law is to settle the future; the past is no longer in his power.
Nevertheless, it is important to understand this principle: the law must not be able to sanction, a posteriori, a past act. This is what Portalis is trying to cover by its formula ...
If you drove a scooter in 2008 without this training, the law can not, of course, punish you.
However, the law can completely change the rules of the game for the future: "from 1 January 2011, training is mandatory ...". Nothing shocking vis-à-vis the principle of non-retroactivity ...
Section 2.2. State error?
Some also say that their license is stamped in the category A1 is that therefore, the state can not go back ...
Obviously, I do not share this opinion.
Indeed, even if the prefecture would have wrongly stamped the driving license (eg non-validation of conditions of duration, training, etc.), it is quite possible to withdraw, by a regulatory provision, a license administrative procedure, in particular to respond to a public interest
Section 2.3. Authorization from the Ministry of the Interior
In order to be complete, it should be noted that the Ministry of the Interior has published a note (note from the Ministry of the Interior DSCR / ER2 23 March 2013) stressing thatconvenient"Is, in case of reissue of the driving license, to renew the stamped categories of the old driving license, even if they are erroneous.
From a legal point of view, that does not change anything for me ...
Indeed, the law clearly provides that in case of control, it must be possible to justify:
- 7h training (mentioned above) or
- in the absence of a practice of driving a scooter during the five years preceding 1 January 2011.
How could a departmental rating be stronger than a regulatory standard?
While this note obviously allows verbalisers some flexibility, you will never have any guarantee that they will not apply the law to the letter.