We are used to seeing it worn by protesters. But the yellow vest could tomorrow be worn by bikers, and more generally drivers of two or three motorized wheels. The explanations of Maître Jean-Baptiste Dall, a lawyer in road law.
The mandatory wearing of the yellow vest, which returns to the front of the scene in recent days, is an old story for bikers. One could even say an old fight since users of two motorized wheels has so far been opposed to such a change. It is indeed not the first time that the idea of wearing a retro-reflective vest is advanced.
At the Interdepartmental Committee on Road Safety (IRB) on May 11, 2011, the government had already tried to impose it. After a few days of intense debate, the interior minister at the time, Claude Guéant, had backtracked. In the aftermath of the IRB’s announcements, many mobilizations were supported by the French Association of Suppliers and Users of Driver Assistance Technologies (AFFTAC). The bikers had been able to get quite easily the setting of the wearing of the vest. To be precise, he did not leave the closet but in the bag or under the saddle, since the presence of this equipment is mandatory in an automobile as motorized two-wheelers.
So why come out the vest?
Some misplaced minds could say that by imposing the yellow vest to bikers, it would tear the protesters. But this idea stems rather from the upcoming arrival in the Highway Code of the New Personal Electric Vehicles (NVEI) or Personal Movement Vehicles (PDU). Electric scooters and other hoverboards that swarm on the sidewalks of our cities for a few months. The government has therefore announced on May 4 an amendment to the Highway Code for September 2019. It’s objective: to make room in the regulation of these devices new mobility by imposing them, in addition to the helmet, the wearing of the yellow vest with reflective tape, night and during the day when “visibility is insufficient”.
Remember that it had long been envisaged to settle the legal issues raised by their arrival in the context of the Mobility Orientation Act (LOM). She refers to it. But its adoption is slow and the multiplication of incidents no longer allows to wait. The legal vacuum will be filled at the start of the school year using a regulatory amendment. However, the LOM law has not said its last word in terms of new mobility. And one will find probably in this catch-all text provisions relating specifically to NVEI or EDP. This is notably the case of amendment No. CD1951 filed on May 9 by 27 LaREM deputies, whose logic and content.
Everyone has the same sign
The diversity of the acclaimed machines, especially by users of agglomerations, raises the question of coherence. So we already find this concern in the announcements made May 4, for example in terms of wearing a helmet. It would indeed have been difficult to allow young users under the age of twelve to ride on a scooter without a helmet, while they must wear it when they are struggling on a bike.
The logic is a bit similar to Amendment No. CD1951 tabled on May 9th. We understand the concern of members to ensure the good visibility of users of electric scooters or other Monowheel, especially at night.
“Chapter 6 of Book 4 of the Highway Code is supplemented by a new Article L. 413-6 as follows: Article L. 413-6 – In circulation, every driver or passenger of a bicycle, a scooter, a Segway, a motorcycle, a motor tricycle, a motor quadricycle or a moped must wear a high visibility vest and be wearing a type-approved helmet. must be tied in. The fact that any driver contravenes the provisions of this section is punishable by the fine for class IV tickets.” In other words, everyone is housed in the same sign yellow mandatory vest with reflective material, bike to the bike through the scooter. Note that the question of the degree of visibility is not addressed in this amendment.
The question of the legal framework of these machines certainly had to be settled. But with electric scooters that can sneak as fast as scooter or motorcycle, the question of the difference in treatment arises. Why impose the wearing of the vest to the user of one of these scooters while the driver of a scooter neither more nor less fast would be dispensed? That’s why the 27 members want to impose the yellow vest on everyone.
In any case, many clubs and biker associations have already expressed their hostility to wearing the yellow vest.