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Auto rights. Mountain and tire law, the end of tolerance?

Let's remember what the Mountain law is. After a modification of the Highway Code and the addition of an article in the Mountain law in 2019, decree no. 2020-1264 of October 16, 2020 and published on November 18, 2020 initially aimed to make the possession of winter equipment of certain vehicles during winter in the municipalities concerned by the Mountain II law in 48 departments.

Since November 1, 2021, equipment obligations during the winter period, which extends from November 1 to March 31, concern almost all vehicles in circulation.

This obligation only applies in the so-called “mountain” departments located in the massifs mentioned in article 5 of law no. 85-30 of January 9, 1985 relating to the development and protection of the mountains, namely: Alps, Corsica, Massif Central, Jura Massif, Pyrenees and Vosges Massif.

Me Jean-Baptiste Le Dall/Photo Amélie Marzouk


New products on November 1st

« M1&N1 vehicles (touring, SUV and van) must be equipped with four winter tires or have anti-slip devices (chains, etc.) allowing at least two drive wheels to be fitted. From November 1st, the legislator means by winter tires, those marked 3PMSF. »

“Most winter tires and all-season or 4-season tires benefit from this marking. The 3PMSF (3 Peaks Mountain Snow Flake) marking illustrated by a 3-peak mountain containing a snowflake indicates that the tires have been approved by a standardized test to guarantee the right level of performance in winter conditions, and regulated (Regulation No. 661/2009 of the European Union). 3PMSF is therefore the official logo designating a tire approved to provide optimal safety in winter. » explains Master Le Dall.

What are the risks if you drive with unsuitable tires?

« The first risk is receiving a fine from the police. Until now, tolerance has been the order of the day. The police did not issue tickets for this reason. But this year, no declaration or decision seems to go in this direction. Sanctions can be expected. There is also a risk of immobilization of the vehicle. But that's not all, the consequences can be much more serious. » explains Maître Jean-Baptiste Le Dall.

In case of accident

« In addition to this end of the tolerance period, insurers have stepped up to the plate. According to them, in the event of an accident, and if the accident is the consequence of a loss of grip for example, they could refuse to cover compensation.. adds Maître Jean-Baptiste Le Dall.

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