Section 5 : Provisions relating to the official statement of offence and the payment notice drawn up by a motorway operator's sworn toll official

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Article A37-32

French Code of Criminal ProcedureIn force

Updated 5 Nov 2023

I.-On the front, entitled: "Notice of payment, infringement for non-payment of toll" appear, in the upper part of the document, on its left-hand side, the following entries:

1° Date of dispatch of the notice;

2° Reference number of the notice ;

3° The date, time, location of the offence (motorway or road structure, direction, toll plaza or devices enabling vehicles to be identified and the amount of the toll to be collected without recourse to a physical barrier, commune[s], département[s]), the registration number, category or model, country and make of the vehicle, the identification of the sworn officer of the operator who recorded the offence, the facts recorded and the precise text of the offence ( R. 419-1 ou R. 419-2 du code de la route selon l'infraction constatée);

In the upper right-hand section of the document appear, following the surname, first names and address of the person to whom the notice is addressed, the following words:

"Madame, Monsieur,

The vehicle registered [....] has been the subject of a statement of offence, by a sworn officer, for non-payment of the toll.

[You are the holder of the registration card for this vehicle] or [you were designated by Mr or Mrs [...] as being the driver at the time of the offence].

(Wording to be adapted according to the offender's situation).

You must, within two months of this notice being sent:

-either regularise your situation by bank cheque cleared in France using the payment card below, or by one of the other means of payment listed in the notice;

In the case of a fine recorded following the use of a toll device allowing vehicles to be identified and the amount of the toll to be collected without recourse to a physical barrier, the following statement is added:

"As the contravention was recorded in the context of a toll system allowing vehicles to be identified and the amount of the toll to be collected without the use of a physical barrier, you may benefit from the application of a reduced fixed allowance by regularising your situation within fifteen days of this notice being sent."

-or make a protest using the protest card below or its dematerialised model proposed by the operator and enclosing supporting documents.

Failing payment or protest within two months of the date of dispatch of this payment notice, and in accordance with Article 529-6 of the Code of Criminal Procedure, this file will be forwarded to Mr/Ms the public prosecutor. You will then automatically be liable for an increased fixed fine of €375. The amount of the unpaid toll will remain due. If you fail to pay this increased fixed fine within four months of it being sent to you, the Treasury will lodge an objection with the relevant administrative authority against the transfer of your vehicle registration certificate in the event of a second-hand sale. Forwarding more than five files concerning you over a period of less than or equal to twelve months to M./Mme l'officier du ministère public will expose you to a fine of €7,500, pursuant to Article L. 419-1 of the Highway Code. "

Following this statement is the total amount to be paid, distinguishing between:

the amount including tax of the toll not paid, depending on the category of vehicle and journey;

the amount of the fixed allowance, which is set at €90 per l'article R. 49-8-4-1 of the Code of Criminal Procedure;

In the event of a fine recorded following the use of a toll device enabling vehicles to be identified and the amount of the toll to be collected without recourse to a physical barrier, the following statement is added:

"However, you will benefit from the application of a reduced fixed penalty, the amount of which is set at €10, pursuant to Article R. 49-8-4-1 of the Code of Criminal Procedure, if you pay within fifteen days of this notice being sent."

where applicable, the amount due in respect of the departmental right of way provided for in Article L. 321-11 of the Environment Code.

II.-At the bottom of the sheet are two detachable coupons, one on the left and one on the right.

The coupon on the left, preceded by the words: "If you wish to pay, send your payment together with the stub below", is entitled "payment card". It specifies the order for which the cheque is intended, mentions the name of the offender, the amount to be paid and, in the case of a fine recorded following the use of a toll device allowing vehicles to be identified and the amount of the toll to be collected without recourse to a physical barrier, the amount to be paid in the event of regularisation within fifteen days, and the reference of the payment notice.

The coupon on the right, preceded by the words: "If you wish to protest, send the stub below with supporting documents", is entitled: "protest card". It bears the words: "See back for possible cases of protest", indicates the address to which it should be sent and the reference of the payment notice.

III.-The operator may also offer the offender additional methods of payment to those indicated in the above mentions.

Mariela Petrova

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A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

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