French Code of Criminal Procedure
In forceI. - For offences for non-payment of tolls recorded by sworn agents of the operator of a motorway or road structure open to public traffic and subject to tolls, including in the context of Article L. 130-9of the Highway Code, public action is extinguished, by way of derogation from Article 521 of this Code, by a transaction between the operator and the offender.
However, the first paragraph does not apply if several offences, at least one of which cannot give rise to a transaction, have been recorded simultaneously.
II. - The transaction is carried out by the payment to the operator of a fixed indemnity, the sum due in respect of the toll and, where applicable, in respect of the departmental right of way instituted in application of article L. 321-11 of the Environment Code.
This payment is made, within two months of the payment notice being sent to the interested party's home address, to the operator's department indicated in the settlement proposal. For offences recorded as a result of the use of a toll system that allows vehicles to be identified and the toll to be collected without the use of a physical barrier, if the driver fails to use one of the payment methods made available to him before and after the journey concerned, the transaction is carried out by the payment to the operator of a reduced flat-rate indemnity and the sum due in respect of the toll if this payment is made within a period of fifteen days or less from the date on which the payment notice is sent to the person's home address.
The amount of the fixed indemnity, the reduced fixed indemnity, the sum due in respect of the toll and, where applicable, in respect of the departmental right of way instituted in application of the same article L. 321-11 is forfeited to the operator.
III. - Within the period stipulated in the second paragraph of II, the offender must pay the amount of the sums due in respect of the transaction, unless he lodges a protest with the operator within this same period. This protest, together with the official statement of offence, is sent to the Public Prosecutor's Office.
Failing payment or protest within the aforementioned two-month period, the official statement of offence is sent by the operator to the Public Prosecutor's Office and the holder of the registration certificate, or one of the persons referred to in the last three paragraphs of article L. 121-2 of the Highway Code, automatically becomes liable to pay an increased fixed fine recovered by the Treasury under an enforcement order issued by the Public Prosecutor. If the offender has not paid the amount of this fine within four months of the enforcement order being sent to his or her home address, the Treasury will lodge an objection with the competent administrative authority against the transfer of the registration certificate for the offender's vehicle in the event of a second-hand sale.
