The lack of technical inspection, whether voluntary or due to a simple oversight or delay, gives rise to penalties. In the event of an inspection by the police, the lack of technical inspection constitutes an offense (fourth class contravention) punishable by a fixed fine of €135.
It can be reduced to €90 in the event of payment within three days, or even increased in the event of non-payment. The fine falls on the owner of the vehicle, not the driver if it is different.
This infraction does not result in loss of points.
The case of 2, 3 wheels and VSPs
Since this year, in addition to automobiles, technical inspection is compulsory for two wheels, three wheels as well as for vehicles without a license.
It is specified that this is carried out at the initiative of the owner; there is no summons. This control affects vehicles whose date of first entry into circulation is before 2017.
Vehicles between 2017 and the end of 2019 will have to undergo the inspection in 2025. For category L vehicles, the inspection is valid for three years.
In the event of a major or critical failure, a second inspection must take place within two months.
What are the penalties in the event of technical inspection failure?
In addition to the fine, you risk having your registration document seized and therefore having your vehicle immobilized. From then on, the authorities will give you a temporary circulation authorization to carry out a technical inspection of your vehicle, within seven days.
Otherwise, you risk having your car impounded. You will be subject to the same sanctions if you have made an appointment and are traveling with an outdated technical inspection.
According to the law you must anticipate the expiry date and never find yourself in a situation of technical inspection failure.
What are the consequences for insurance?
On a civil level, liability is only incurred when an accident occurs. Failure to comply with the regulations does not nullify the effects of the insurance contract.
Indeed, article L211-1 of the insurance code establishes compulsory civil liability (RC) for damage caused to third parties by the insured perpetrator.
If you are the victim of an accident, it is the car insurance of the driver at fault which will compensate you for your material damage and bodily injury, even if the latter’s technical inspection is not up to date.
You will be compensated under compulsory civil liability (third party insurance).
In the event of an accident at fault
Mandatory civil liability covers you if you are the cause of an accident, whether your technical inspection is up to date or not.
According to the Insurance Code, the lack of technical control is not a cause of exclusion, so that the insurer cannot refuse to compensate third parties and, in the event that it compensates third parties, it cannot take recourse against his insured in order to obtain reimbursement of the sums he has paid.
Inspection and additional guarantees
In your insurance contract, there is compulsory liability but other guarantees may have been taken out: individual driver guarantee and damage guarantees for all accidents, damage by collision, action of the forces of nature, fire and explosion, breakage of ice, attack, natural disaster, storm, theft, as well as legal protection and assistance.
Being freely negotiated between you and the insurer, they may include exclusions, particularly in the event of a lack of technical inspection if you are responsible for the accident. Check your contract carefully!
False declaration and lack of inspection
The lack of technical inspection at the time of subscription to the contract cannot be invoked by the insurer as a false declaration because the document is not one of the documents requested during subscription.
Thus, the absence of a question asked about the technical inspection does not make it possible to assume a false declaration and, in doing so, to apply the resulting sanctions.
