The Highway Code was amended by the Law on the modernization, development and protection of mountain territories, known as “Mountain Law 2” of December 28, 2016.
These regulations on compulsory winter tires were deployed with the aim of reducing the risks associated with driving on snowy, icy or slippery roads.
In practice, you have the choice between equipping your vehicle with 4 winter tires or carrying metal chains or snow socks in your trunk which will equip at least your two drive wheels.
What equipment?
If you live in a region with a mild climate, not affected by the law on snow tires, and you only go to the mountains a few days a year, you can simply carry chains or socks in your vehicle.
Attention ! From 1is November 2024, only 3PMSF (three peaks mountain snow flake) approved tires will be admitted under the Mountain law, in equivalence to chains.
The purchase and use of other snow tires will remain possible, but users must, in this case, also have chains to travel from 1is November to March 31 in the areas affected by the measure.
Insurance consequences
If you are driving in an area covered by the Mountain law and your vehicle does not have the equipment or tires adapted to the conditions, you risk a fine of 135 euros as well as the immobilization of the vehicle.
If vehicles do not comply with regulations, in addition to the risk of accidents, users may find themselves without guarantees of coverage from their insurer.
An insurer may not cover damage (material and/or bodily injury) if the vehicle is not equipped with approved tires or a chain in the event of an accident.
What means of verification?
The insurer may ask to prove that the wheels were equipped with suitable devices to cover the loss.
If the equipment was not present at the time of the loss, the insurer may not apply the guarantees depending on the clauses provided for in the contract. An expert can be commissioned to check whether, at the time of the accident, the condition of the road required the installation of chains or socks.
The same applies to assistance if the disaster or breakdown is directly the consequence of the absence of equipment at the time of occurrence. The insurer may take action against the insured and request reimbursement of the sums incurred.
Measures to be confirmed
If, this year, the police no longer practice teaching and apply strictly speaking the terms of the law, insurers will systematically have to go through an amendment which stipulates the modifications to the coverage of a claim if the vehicle is not equipped according to the terms of the Mountain law.
