Automatic radar in France

This article covers the concept of Automatic radar in France , called in the official texts “ Control-sanction automated ”.

History

An objective: to reduce speed

As of 1899, a law forced the drivers not to exceed 30 km/h on road and 20 km/h downtown. These limitations were abolished during the publication of the first highway code in 1922 (each one was to adapt its speed to the circumstances), then restored in 1954 to face the big raise of the number of cars in circulation. Since, the law did not cease being modified and improved.

The speed limit on highway was founded in France in 1973, following the oil crisis.

Speed in agglomeration was lowered by 60 to 50 km/h on February 1st 1990.

Since January 1st, 2007, the new regulation defined by the decree n°2006-1812 of December 23rd, 2006 applies. The two Community directives transposed in French right by decree of February 25th, 2005 extended to the vehicles of goods transport of a total weight authorized in load (PTAC) of more than 3,5 tons and up to 12 tons and with the joint freight vehicles of a PTAC up to 10 tons, put in circulation for the first time since October 1st, 2001, the obligation to be equipped with a limiting device speed regulated to 90 km/h for the first and 100 km/h for the seconds.

Excessive speed is the first factor of accident: in 80% of the accidents downtown, 60% on road and 40% on highway, the implied drivers roll too quickly. Sometimes worsened by other infringements (blood alcohol content, refusal to give way), the excess speed is a plague for all the road users. It is estimated that more half of the drivers (and 70% of the motorcyclists) regularly exceed the authorized limitations

1974 with 1988: the barbecue

More known under the nickname of “barbecue” or “poële to be fried”, the Mesta 206 was marketed until 1986 but continued to be used well beyond. In 1999, it remained eight about it, used by the police force. Inexpensive apparatus, it took measurements with a good precision but was difficult to regulate.

1988 with 2003; the mobile radars Mesta 208

The methods of construction and control of the Cinémomètre S (Radar S) are refined in 1988.

The Mesta 208 belongs to this new generation of mobile radars.

With the passing of years, within sight of the increasingly significant number of infringements related to speed, the speed controls, carried out using mobile radars implemented and operated by gendarmerie or police officers, multiplied. However, the impact of controls was weak relative with the number of vehicles . Moreover, many reproaches were made as for the relevance of certain sites which sometimes seemed not to be not selected in an optimal way from the point of view of safety, and as for the possibility of making cancel the infringments via “notable” buildings .

2003: genesis of the automatic radars

With the law n° 2003-495 of June 12th, 2003 reinforcing the fight against the road violence, quickly followed by its decree on enforcement of a law n° 2003-642 of July 11th, 2003, France took a set of measures intended to reduce the road insecurity, without it being mentioned there automatic radar.

In fact, it is by an interministerial decree of October 27th, that the government validated the installation of an experimental device aiming at automating the observation of certain road infringements and the sending of the infringment . It was about a test life size which was based on the deployment by the police force and the gendarmerie of a hundred apparatuses and which lasted one year.

This same day, October 27th, 2003, Nicolas Sarkozy, then Minister of Interior Department, and Gilles de Robien, Minister for Transport, inaugurated in large pump the first automatic radar installed on main road 20 with height of City-of-Wood, in the Essonne, in Paris region.

2004 with 2006: first generation of radars

The first radars were installed on the axes the most dangerous, were said accidentogenes, but also on the by-passs, the highways and the tunnels, and even downtown, near tricolor fires. The public authorities seemed to want to play some Transparence with respect to the motorists by announcing by a panel the zone controlled by a fixed radar and by publicly diffusing the localization of the controlled zones.

More compact, these new automatic cupboards had nothing any more but one face framed by an edging striped yellow and black (contrary to old which comprised face “deludes”). Their radar was also much more precise and they could be modulated according to the atmospheric conditions.

The installation of a cupboard equipped with a radar Sagem Mesta of the type 208 or 210 cost approximately a hundred and thousand euros then. The financial re-entries (nearly three hundred and fifty million euros in 2006) made it possible to multiply the number of these fixed radars.

2006 with 2009: new triennial market

At the conclusion of a European invitation to tender, the Management of Safety and Road traffic (DSCR) notified on July 26th, 2006 with Sagem Défense Safety (Groupe Safran) a market programs multiannual bearing on the installation of an additional park of automated radars of speed control. With one three years duration, this program covers manufacture, the deployment and the maintenance of a park of several hundreds of fixed and mobile automatic radars of new generation.

A third generation of automatic cupboards is thus brought into service in 2006. Of general aspect similar to the second generation it is much narrower and more discrete, the three windows (camera, radar, flash) are superimposed. These cupboards are equipped with more sensitive apparatuses, indifferently being able to photograph the contraveners on one, two or several files . The site of City-of-Wood is equipped with this new material since September 20th, 2006.

In 2007, the first automatic radar on way “not rapid” is established in top of a mast located street of Maubeuge, a zone of the center of Paris considered as accidentogene. Up to now, intramural Paris did not have automatic radar. Only the fast tracks like the quay of Bercy and the way Georges Pompidou were supervised.

The process

All was thought and makes so that the human intervention is to the minimum reduced. Placed in its armor-plated cabin, the radar automatically starts a numerical motion-picture device in the event of infringement.

As soon as they are recorded, the data of the infringement and the digital image are directly sent, via an encrypted and made safe connection ADSL, with the Center automated of observation of the road infringements located at Rennes. An optical reader identifies the number of the number plate, which allows the automatic identification near the national Fichier of the registrations. Once the holder of the automobile license identified, an opinion of infringment is sent to him by the post office.

However, all the process entirely is not automated since the photographs are, according to the ministry for the Interior, systematically not checked by an operator. The whole process is carried out in less forty-eight hours.

The first apparatuses put in servicing October 2003 had raised a polemic as for their validity, the decree on enforcement of a law being appeared only tardily with the Official journal . Moreover, big mistakes had been raised by the media. Certain apparatuses were vandalisés as of their installation.

Materials of control automated speeds

Constituted of a metal cupboard provided with armor-plated panes, the automatic radar contains:

The Tachometer

It measures the instantaneous speed of the vehicles by application of the Doppler effect in the field of the microwaves.

The apparatuses of first and second generation are Mesta 210 manufactured by company SAGEM. Their range is of 50 meters. The standard tachometer Mesta 210 is composed of two subsets (case antenna and indicating case) connected to each other by a cable which ensures the electric energy supply of the antenna and the transfer of the informations.
In its last version, Mesta 210C is even more compact by integrating the whole of electronics and the antenna part in the same case. That allowed the placement of the automatic radar Mesta 1000 on tripod which has the same performances as the automatic cabins in a controlled completely mobile version and adjustable remotely by the operator (connection WIFI). The tachometer is equipped with a sighting device interdependent of the case antenna and, in option for the installations in overhang, with a device of measurement of inclinaison.

Mesta a 2000, compact and digitized cabin ultra, allows the installation of two cameras, which makes it possible to supervise up to four ways simultaneously. The ministry for the Interior also envisages the placement of radars like Mesta 3000 able to detect and sanction crossings of red lights.

The device motion-picture

It makes it possible to carry out the catch of two sights of a vehicle of which speed beforehand was determined by the tachometer with which it is coupled, to associate with these catches of sights the lawful data (measured speed, the date and the hour of the measurement) and other data (such as the number of the sight, the references of the place, the identification of the unit which operates control, as well as an optional comment. Two photographs are taken with a few milliseconds of interval. The French system is SVR 2000 manufactured by the Positive company.

Margin of error

The law, by decree of January 7th, 1991. Nevertheless Dominique Bussereau, Secretary of State in charge of Transport, confirmed on June 26th, during an interview on RTL, that the government did not intend to remove these control panels.

Infringments

The amounts of the undervalued, contractual and raised fines are the following

Payment of the infringments

The more one waits to pay and the higher the amount is with less and less of chance to pass through the meshs of the net. Nevertheless, this process can be stopped by the dispute (see hereafter).

The payment of the fine induces the recognition of the infringement, it automatically involves the withdrawal of the points of license and extinguishes the public action, i.e., after the payment, it is not possible any more to pass in justice and there is no more possible recourse.

Contrary to the payment, the consignment preserves the grounds for appeal and does not involve the withdrawal of point in the condition which the dispute is admissible (cf will infra) .

The opinion of infringment received by the post office requires to pay in the fourteen days an undervalued contractual fine, of an amount of 90 euros (except in the event of excess high speed). In the event of non-fulfilment or in absence of dispute, the fine passes to 135 euros payable in the forty-five days. Beyond, it is raised with 375 euros, before becoming a penal ordinance or a quotation in front of the Police court, which results in more in withdrawing from one to four points on the driving license.

From now on, for an excess speed lower than 20 km/h and when speed is limited to more than 50 km/h, the contravener exposes itself to a contractual fine undervalued of 45 euros in the event of immediate payment or in the seven days as well as the withdrawal of a point on the driving license.

When the excess speed lies between 21 and 40 km/h, the contravener will see himself imposing a fine of 90 euros under the same conditions as previously and the withdrawal of two points on the driving license.

Dispute of the infringement

It is possible to dispute the infringement, but the public authorities wanted to make more difficult the procedure of dispute of the infringement in order not to block the courts.

Although the dispute is possible, it is initially necessary to discharge a sum of the amount of the fine near the general Trésorerie which gives, in exchange of the payment, a document in proof of consignment; this sum corresponds to the tariff of the fine (except in the event of excess high speed). Then it is necessary to address a Courrier in recommended with acknowledgment of delivery (LAR) to the officer of the public ministry which sent the infringment by uniting there the document in proof of the fine paid in consignment.

If the dispute is considered to be admissible by the officer of the Public ministry, two cases are possible:

it classifies without continuation and the consignment will be refunded;
it quotes in front of the local judge and this magistrate will decide to condemn or release. In the event of release or of exemption of sorrow, the consignment is refunded.

If the dispute is considered to be inadmissible by the officer of the public ministry (not justified dispute, not accompanied by a consignment, sent in simple letter), she is rejected.

Within the framework of a dispute, the law makes it possible to the holder of the automobile license to be made send the stereotype taken at the time of the infringement, for that, it is necessary:

to write a simple letter with the address which appears in top and on the left of the infringment;
to join to the request:

a photocopy of an identity paper with photograph,
a photocopy of the automobile license of the vehicle concerned,
a photocopy of the opinion of infringment disputed,
a stamped envelope on which figure the name and the address of the person who disputes which will be used for the sending of required photography.

Particular cases

The loan of the vehicle

To treat the cases of a loan of the vehicle, the opinion of infringment is accompanied by a form of request. If the holder of the automobile license states to have lent his vehicle to a third and is not clearly identifiable on the photo catch at the time of the infringement (and being able to be obtained by making the request near the automated center), this one “is encouraged” to return a form by indicating the coordinates of the driver (name, first name, sex, birth date, address and number of the driving license). An opinion of infringment will be sent to the person indicated and the continuations will be stopped against the holder of the automobile license.

It should be noted that, contrary to the indications of the official report incentive to the denouncement but in accordance with the law, the holder of the automobile license receiving the official report of infringement (if it is not conducting vehicle at the time of the infringement and clearly identifiable on the photo catch by the radar) is not at all held to denounce with the authorities the person to which it lent its vehicle and having theoretically made the infringement. In this case, the fine is cancelled. However, it can be continued as “pecuniarily responsible” for the infringement. It is necessary for that the officer of the public ministry of his residence seizes the local judge, which will be able to condemn it to an of the same fine revolved than the fine incurred for the excess speed itself (third or fourth classes according to the excess speed).

The holder of the automobile license profits in this case from two advantages:

it can prove by all means (testimonys, tickets of credit card, invoices, photograph taken by the radar…) that it was not the conductive of the vehicle at the time of the entry of charge and it escapes in this case from any judgment;
if it does not manage to bring this proof in front of the judge, it will be condemned to a fine but will not undergo withdrawal of points on its driving license.

Vehicles of hiring

The system is connected to the national file of the rented vehicles, and the company of hiring must communicate the coordinates of the tenant, with load for him to provide the requested information. An opinion of infringment will be sent to the person indicated.

Vehicles of company

In the case of vehicle of company, the company does not have the obligation to denounce the driver, it exists an alternative then:

it denounces the driver, it must send information concerning the driver;
it does not denounce the driver, it is indebted consignment. The head of undertaking or the manager does not lose any point, just as the employee who committed the offense.

Change of residence

In the event of removal, the law obliges to announce the change of residence in the 30 days in order to obtain a new automobile license. Not to take this step constitutes a punishable infringement by the law.

Within the framework of the infringements detected by the automatic radars, the law knows only the presumption of domiciliation, which means that the address indicated on the automobile license is taken and that, in any event, it only will be recognized like valid, with load for the user to be in rule compared to its address of residence. In other words, if the holder of the automobile license does not announce his change of address and that it does not recover the mails which are sent to him, the procedure of payment will follow its normal course and amends will be raised according to the legal delays. A judgment will be pronounced by defect, it will be registered on the file of the required people and the Treasury will require a setting in opposition of any transfer of certificate of registration.

Excesses high speed

In the case of an excess high speed, is 50 km/h beyond authorized speed, the official report is transmitted directly to the public prosecutor of the residence of the holder of the automobile license, which will be convened by the police force, which will cost a maximum fine of 1 500 euros and a withdrawal of six points on the Driving license as well as a risk of suspension of license which can go up to three years.

The cars flights

As soon as the holder notes the flight of his vehicle or his number plates, it must deposit a complaint near the police station or of the gendarmerie of its residence, which will allow, in the event of reception of one or more infringments, to justify that its vehicle indeed was stolen to him, while returning the document in proof of the lodge of a complaint. The business will then be classified.

European registrations

The European Union recommends to the Member States to exchange the infringements, for the residents apart from the internal borders.

Foreign registrations

For the moment only the drivers of vehicles equipped with a French or Luxembourg plate are sanctioned (of the negotiations with the Netherlands are in hand). The vehicles with foreign number plates with these two countries are saved of any continuation. The Germans, accustomed to temptation to beat records on their highways with the variable and raised speed limits, come at the head: alone, they represent a quarter of the foreign infringements.

Degradation of the testing devices

The automatic radars are designed to resist any type of aggression not exceeding a certain level, but they are often vandalisés. The Departmental management of the equipment deposits generally felt sorry for in the name of the State in the event of degradation, of deterioration or voluntary destruction of an automatic radar.

On a purely anecdotic basis, to avoid precisely their degradation, first cabins of third generation to being posed in 2006, whose cabin of City-of-Wood opposite, were supervised. This guarding lasted one month and made it possible to avoid any approach and degradation of this new model.

Sanctions

The destruction, the degradation or the deterioration of a public property constitute an infringement which can be punished three years of imprisonment and 45.000 euros fine.

The fact of tracing inscriptions, signs or drawings on this equipment is punished of a fine of 7.500 euros and a sorrow of work of general interest.

First assessments

The number

Appeared in France at the end of 2003.

The number of fixed radars in service at June 18th, 2007 was of 961. It is envisaged to establish 500 new inspecting devices sanction automated in 2007. This program of installation should include/understand 450 devices “speed” (250 fixed radars and 200 mobile radars) like 50 devices “other infringements” (interdistances, red lights).

Statistics

In lives lost per year in road accidents, the interdepartmental National observatory of road safety counts:

In 2002, 7.242 killed at 6 days noted, is 7.655 killed estimated at 30 days;
In 2003, 5.731 killed at 6 days noted, is 6.058 killed estimated at 30 days;
In 2004, 5.232 killed at 6 days noted, is 5.593 killed estimated at 30 days;
In 2005, 5.318 killed at 30 days;
In 2006, 4.709 killed at 30 days.

See also: Evolution of the road accidents in France

Infringments

In 2004 , more than two million infringments were drawn up thanks to the automatic radars, of which thirds are not exploitable, for lack of identification of the contraveners.
In 2005 , the service of treatment of the fines sent 4,2 million statement. On average each cabin draws up about fifty statement per day. With knowing that a third of the infringments finishes with the dustbin either because the image is fuzzy, or because it is of a foreign motorist or about a motor bike. Thus approximately 2,8 million motorists was charged in 2005, a figure in increase compared to 2004.

The effect on speed

The radars already had an undeniable effect on the behaviors at the wheel. From end 2003 at end 2004, the proportion of the motorists exceeding the authorized speed of more than 10 km/h fell from 37% to 20%. The number of died on the roads passed from: 5732 in 2003, with: 5250 in 2004: 5318 in 2005 (noncomparable with 2004 because of a change of methodology), and: 4703 in 2006.

Receipts

The automatic radars paid.

Disputes

The Treasury receives few disputes, only three cases out of hundred. On average, approximately 20 fines per day and radar, whether it is fixed or mobile, are dispatched by the post office. Approximately 70% of the amount of the fines are recovered.

Tax on the radars on secondary roads

Noting that none the receipts returned to the Departments since the share of the receipts devoted to the Finance agency of the transport infrastructures in France (Afitf) relates to only the trunk roads, while at the same time more than 40% of the radars are located on secondary roads, certain departments decided to found a royalty on the radars established on the departmental road public domain.

The prefects systematically tackled in front of the administrative court the departmental deliberations founding these royalties and had until the month of May 2007 obtained win. But on May 24th, 2007, the administrative court of call of Versailles carried out a first by invalidating the first judgment of the administrative court which déboutait the General advice of the Essonne. This decision was confirmed on July 5th, 2007.

The arguments in favor of the legality of the deliberation are the following:

the deliberation did not violate the rules of budget appropriation of the State;
the principle of exemption from payment of the departmental public domain cannot apply to the radars because it is not a question “of a public service profiting with all”;
the department had not made a glaring error of appreciation by binding the amount of the royalty to the product drawn by the State from the radars and not only on the surface which they occupy.

Indeed the Administrative court of Call of Marseilles rejected on July 9th, 2007 the call formed by the General advices of the Aude and Herault by deciding that it is not possible to be able to institute a royalty of occupation of the departmental road public domain for the automatic radar installation of. With this intention, it is based on an old jurisprudential theory - that of the domanial changes -, which one believed disappeared. That means that, although one is not on the field of the State, one is it nevertheless. This decision is contrary with that of the court of Versailles.

However, the Council of State, by several judgments delivered on October 31st, 2007, gave reason to the State by estimating that the equipment in question, forming integral part of the roadway system, could not be the subject of a royalty of occupation of the public domain. The high-ranking magistrates were based on the combined provisions of the articles L. 117-1 and L. 111-1 of the code of the road roadway system.

Controversies

Effectiveness

The very high number of infringements detected by certain apparatuses (more than three hundreds per day on certain portions of road) led certain people to wonder about the relevance of the speed limit of these zones. These radars with strong output operate indeed mainly on portions with separate roadways located in entry of highways and limited to 110 km/h. The strong frequency of the infringements could thus be dependant, in addition to the carelessness of the users, with the ambiguous typology of these ways.

Association Citoyens of the road, chaired by the former champion of rally Bernard Darniche estimates that

The journalist of the Nouvel Observateur , Airy Routier, published one entitled book France without license , true load against the extremists of the road security policy and the current system “repressive and infantilisant” which has of another will only to transform “honest citizens into delinquents” and “to support a tax racket”. In reaction, Cecile Petit, the interdepartmental deputy with the Road safety declared This book is filled of untruths and short cuts. The license at point is a step of responsibilisation. One does not lose his license by chance. It does not specify which are these untruths that it evokes.

Claude Got, member of the National council of the Road safety, point by point takes again on his site the assertions of Mr. Routier (stopped for control without license, loss of its twelve points, and put twice as a police custody for this reason) with an aim of showing their vacuity.

Legislative and lawful base

Basic texts

Law n° 2003-495 of June 12th, 2003 of the National Commission of data processing and freedoms carrying report on a project of bearing interministerial decree creation of an experimental device aiming at automating the observation of certain road infringements and the sending of the corresponding opinion of infringment and on a project of decree modifying the decree of the bearing June 29th, 1992 creation of the national system of the driving licenses.
Stopped of October 27th, 2003 relating to construction, the control and the technical methods of use of the tachometers of road control.
Stopped of April 14th, 1995. modifying the decree of January 7th, 1981 relating to construction, the control and the technical methods of use of the tachometers of road control.

Crossings of red lights

Stopped of July 15th, 2004 relating to the homologation of the equipment of observation automated of the crossing of red lights.

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