Circulation

Policing powers of the mayor

The traffic on the public highways imposes a minimum of organization and precaution in order to ensure the peace and the security of the users and residents and the hold of the good command. You are the main authority to contribute to it through your policing powers by regulating circulation in a general way (1) and while intervening in a way specific to the opposition to certain vehicles (2), the whole of these measurements which can be at the origin of the setting concerned of your responsibility (3).
You are not the only authority with being able to intervene to regulate circulation. The prefect also has capacities:
>with respect to primary distributers: under the terms of the item , the prefect is qualified for the national, departmental or communal channels since they are classified with great circulation.
>with respect to the heavy loads. The transport of indivisible purposes whose weights and dimensions exceed the lawful limits requires specific circulation terms. Under the terms of the items and following of the , the prefect of the starting place of the heavy load is qualified to define the conditions of unfolding of them on the whole of the course
>with respect to the sporting proofs being held on the public highway: under the terms of the item of the and decree 23 1860 of the bearing October 18th, 1955 general regulation of the proofs and competitions proceeding on the public highway, the prefect is qualified to regulate the course of the sporting proofs proceeding on the public highway.

> 1. General organization

> 1.1 geographical extent of your policing powers

Under the terms of the item of the , you have a competence of principle (see EC, May 29th, 1985, , ) to regulate inside the agglomerations circulation on the trunk roads, the secondary roads and the communication channels such as the country lanes belonging to the communal private field (see EC, February 28th, 1973, Commune of C , ) and certain private roads open to public circulation (see EC, February 15th, 1989, Commune of , )
The term “agglomeration” indicates a space on which are grouped brought closer built buildings and of which the input and the exit are announced by panels placed for this purpose along the route which crosses it or which borders it (see Article 1st Highway code). The limits of the agglomerations are fixed by closure of the mayor (see Motor vehicle laws) and the judge exerts a normal control on the existence of a “group of buildings brought closer” fixing the limit to the agglomeration (see EC, May 20th, 1996, Commune of /).
The font of circulation on a communal channel whose axis delimits the territories of two communes must be exerted jointly by the mayors of these communes and the regulation must be enacted in form, either of concordant closures signed by each one of them, or of a single closure signed by the two mayors (see MT Lille, January 26th, 1995, prefect of North and ). If this common regulation could not be taken, it is up to the prefect to use of the capacities which he holds of the item of the (see EC, May 9th, 1980, commune of Champagne-of-Blanzac, ).
For the sections of classified routes with great circulation which fall within the competence of the prefect, you can, in accordance with the provisions of the item of the Highway code, to prescribe measurements more rigorous than those enacted by the prefect after having taken the opinion of this last. (see EC, January 29th, 1993, Departmental union of the Puy-de-Dôme of the national federation of road transport, ).
On the other hand, you cannot regulate circulation apart from the agglomeration.
example: You cannot prohibit with the heavy trucks, with the outlet of a country lane, to turn left on secondary roads since this closure causes for purpose and to regulate circulation on the aforementioned route in a portion located out of the agglomeration. (see EC, March 1st, 1993, co. undertaken , ).

> 1.2 Contents of your policing powers

Within the framework of your policing powers, you can take many measures such as:

> 1.2.1 To prohibit the access to certain channels

prohibition to circulate can be exceptional in order to allow the organization of a specific demonstration.
example: the local by-law is legal which prohibits during two days, 7 a.m. 30 to 7 p.m. for the organization of a moto-cross circulation on the routes skirting the circuit (see EC, March 29th, 1978, , ).
>This prohibition to circulate on a channel can also be more periodic.
example: the closure of the mayor is legal who prohibits saturdays the circulation of any vehicle in the main street of the commune in order to ensure of better security conditions, convenience and approval (see. EC, December 8th, 1972, Town of , ). The closure of the mayor is legal who prohibits circulation on two walks from July 1st to the 11 p.m. September 30th to 7 a.m. in order to ensure the rest of the inhabitants and to create a surface reserved to the pedestrians in seaside. (see EC, June 16th, 1976, Town of Chin, ).
>This prohibition to circulate on a channel can, finally, being permanent in order to create pedestrian precincts. However, the introduction of such areas to be legal must answer certain conditions and must in particular not call into question in a too important way the situation of the residents.
example: is legal prohibition with the circulation and the stationing of a street of a hundred meters and where many cinemas, breweries and trade are since it is a question of making of it a meeting place of the population which, without being embarrassed by the motor vehicle traffic, can make purchases there and cruise there in all peace (See MT Lille, January 12th, 1978, Caille, ).
The closure of the mayor enacting is lawful a general measure of prohibition in a mall only matched of one permanent derogation for the residents having of a garage and a derogation the night and in middle of day for the loading and unloading of goods and hardware, because this closure imposes on the residents deprived of garage a restriction which exceeds, in the circumstances of the species, those which the mayor could legally impose to them (See EC, June 3rd, 1994, Commune of , ).
the access only to certain vehicles
You can reserve the access of certain channels to certain categories of vehicles (vehicles of help , taxis, etc) (see EC, January 29th, 1932, Société of the Antibes-native buses, ). However, your measurement of font must adhere to the principle of equality between the users.
example: the closure of font is legal which gives access to a narrow street without pavement the vehicles of the residents, the ambulances, the cars of doctors, delivery and removals; (see EC, April 16th, 1958, commune of the Roquefort-on-Garonne, ).
The local by-law is lawful prohibiting, on certain paths, the circulation of vehicles not belonging to farmers (see EC, July 1st, 1981, SA Career blowtorch, ).

> 1.2.2 To limit or prohibit the use of the sound signalling hooter

> 1.2.3 To impose speeds lower than authorized maximum speeds

If speed is limited to ilometer(s) per hour in the agglomerations, you can, under the terms of the item of the , set up of the areas of routes where speed will be limited to ilometer(s) per hour because of special risks.

> 1.2.4 To impose directions of circulation

example: you can impose an one way of circulation since the channel concerned forwards a sinuous layout which obstructs the visibility (see EC, January 18th, 1974, and others, ).
You can prohibit the crossing of a to the vehicles going in a direction and prescribe that a communal channel is arranged with a roundabout to allow the return of the vehicles coming in opposite direction (see EC, May 15th, 1987, Brosse, ).
Your decisions of prohibition of circulation must be the subject of a motivation; the simple reference in article 2813 2 of the did not can be enough. (see EC, July 8th, 1994, . hirers out of scooters , ).

> 2. The case of certain vehicles

All the vehicles do not have the same stresses with respect to circulation. You can thus have a more strict regulation against some of them.

> 2.1 The circulation of the heavy trucks

The circulation of the heavy trucks can generate, in a commune, many harmful effects. Vis-a-vis such nuisances, you can regulate their circulation by observing certain conditions:

> 2.1.1 Your prohibition must answer local requirements

You cannot prohibit the circulation of the heavy trucks that if there exist quite specific local circumstances: narrowness of the channel, difficulty to ensure the helps, harmful effects caused with the residents. This prohibition can relate on the whole of the communal roadway system (see EC, May 13rd, 1987, ) or simply to some streets (see EC, October 13rd, 1997, Mrs. , ).

Your measurements of prohibition of circulation do not have to take account, since they are justified, of the consequences that they could have on the economic activity of the firms. A prohibition is legal, on certain channels and because of their narrowness, of circulation of vehicles of any nature of which the total weight in charge exceeds 1,5 T while at the same time this measurement prevents two firms from using vehicles of a tonnage higher than they usually employed (see EC, October 22nd, 1975, co.s and , ).

> 2.1.2 You must propose a route of deviation without excessive turning

Before prohibiting circulation with the heavy trucks on a route, you must propose a route of deviation which can, if need be, to understand a turnpike (see EC, February 1st, 1978, Coing).
example: you cannot prohibit the circulation of vehicles armoured in the absence of suitable route of substitution (see EC, March 15th, 1996, Commune of , ).
do not have to create inequality between users
Prohibitions to circulate that you enact must be implemented to all the vehicles placed in the same situation. You cannot prohibit only the circulation of the trucks of such or such firm.
example: you can prohibit the use of a communal channel by trucks of more than 3,5 tons while providing that circulation on this same channel will be authorized for the joint freight vehicles and the buckets of removal of household refuse. (See EC, December 2nd, 1977, co. career of market-gardening).

> 2.1.3 You must give access of the vehicles of delivery

To ensure the execution of prohibition on certain country lanes of the traffic of more than 3,5 tons, you can make install on the ground of the communal field either of the wood barriers, or of the lines of spaced blocks of cement (see TC, November 26th, 1973, Commune of Rueil-Malmaison C tops of , ).
Under the terms of the item of the , you can, by justified closure, to prohibit the access of certain portions of channels to the freight vehicles of dangerous matters aimed by Directive 82/501 of the Council of June 24th, 1982 concerning the major accident risks of certain industrial activities and likely to compromise public safety. (see EC, February 1st, 1978, Quince and ESA. france of international road transport, ).

> 2.2 Traffic to four driving wheels

Under the terms of article 6203 4 of the , you can, by justified closure, to prohibit the access of certain channels or certain portions of channels or certain sectors of your commune to the driving four-wheeled vehicles whose circulation is likely to compromise public peace (see MT Amiens, March 12th, 1996, C Commune of ).

> 2.3 Procession and gathering on the public highway

Under the terms of the items and following of the and Order in Council of October 23rd, 1923, you can prohibit the processions, processions and gatherings of people on the public highway since they can forward risks for the security, peace or the good command. (see EC, October 28th, 1931, and , and 12316 Under the terms of the item 1st of the Order in Council of October 23rd, 1923, the processions and demonstrations are forwarded to the obligation of an prior approval.
In the common to font of State, only the prefect is qualified to prohibit a demonstration (see EC, April 28th, 1989, Commune of , ).

> 3.Vos responsibilities

> 3.1 Your criminal responsibility

As soon as a damage was caused with a person and according to her seriousness, you can be continued penally for homicide and involuntary injuries because you did not use your policing powers in a correct way.

> 3.2 Your civil responsibility

The use of your policing powers to regulate circulation can generate the setting concerned of your civil liabilities on various assumptions.
>Your civil responsibility can be engaged if you enacted a prohibition to circulate useless.
example: your responsibility can be engaged for heavy fault if you barred a street with public circulation without any need for the public safety and maintenance of law and order (see EC, March 21st, 1956, Constantin, ).
>Your civil responsibility can be engaged if you did not take the necessary measures.
example: your responsibility can be engaged not to have prohibited the circulation of the bicycles in a park since this circulation forwarded a child's risk in low age (See EC, November 3rd, 1982, Rossi, ).
>Your responsibility can be engaged if you did not announce the presence of a branch of shaft overhanging to a 3,eters height the roadway of a trunk road inside the limits of the agglomeration. (see EC, October 1st, 1971, co. of ESA general mutual company france accidents and limited liability company Saint-Etienne transport, ).
>Your responsibility can be engaged if you did not announce to the departmental authorities the danger forwarded by secondary roads whose roadway had not received a bituminous mix coating on all its surface and by not setting up an emergency indication (See EC, May 2nd, 1990, . Puy-de-Dôme - d' , and 57 353 >Your civil responsibility can be engaged if your measurement of font has serious financial consequences for residents.
example: your measurement of font which provides for the prohibition of circulation of the heavy trucks on the commune in day involves a special and abnormal prejudice with a restorer who had as main customers these truck drivers (see EC, May 13rd, 1987, , ; Lyon, February 8th, 1993, and others).
>On the other hand, your responsibility does not seem to have to be retained in the event of defect of effectiveness of the measurements which you could take to make adhere to prohibitions to circulate that you enacted.
example: do not constitute a heavy fault likely to engage your responsibility the defect for effectiveness of the measurements taken to make adhere to the prohibition made with all the vehicles circulate in a pedestrian precinct while at the same time a pedestrian would be reversed by a cyclist in this area (see EC, June 25th, 1982, , ).
Your civil responsibility will be retained only if the fault that you made is partially or completely detachable service. Your civil responsibility could thus be retained if the measurement of font that you took intervened only to appease a personal revenge or to harm others. If your fault is not detachable service, the commune will have to deal with your civil responsibility.

Card-index realized by Bernard , François and François

References:
items, , , , of the general Code of the territorial collectivities
item of the
Decree 23 1860 of the bearing October 18th, 1955 general regulation of the proofs and competitions being held on the public highway
More
Vade mecum of the municipal action, collection mail of the mayors and the town councilors, editions of the monitor, “clean capacities of the mayor in his share on behalf of the commune”, pages 36-42.

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