Public personnel transport by motorcycle or motorized tricycle: complementary penalty contrary to the Constitution

A priority constitutional question has been brought before the constitutional Council (Cass. Crim., 19
March 2013) relative to articles L. 3123-1, L. 3123-2 and L. 3124-9 of the transportation code.

These provisions concern the activity of public transportation by private persons involving motorized vehicles with two or three wheels. On the one hand, the articles L. 3123-1 and L. 3123-2 regulate this activity by excluding the circulation and parking of these vehicles on public roads in search of clients. On the other hand, article L. 3214-9 puts forth sanctions in case of infractions of these regulations (one year imprisonment and a fine of 15,000 € and complementary penalties).

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