Regulation
- Article R431-1 of the Highway Code
"Outstanding, any driver or passenger of a motorcycle, motor tricycle, quadricycle motor or moped must be wearing a helmet type approved. The helmet must be attached.
Failure by any driver or passenger, to contravene the provisions of this Article shall be punished by a fine for offenses of the fourth class.
Pursuant to Article L. 431-1, the vehicle two wheeler whose driver runs without wearing a helmet approved type or without the helmet is attached can be fixed in accordance with Articles L. 325-1 to L. 325-3.
When the breach is committed by the driver, it leads automatically to the reduction of three points of the license. "
In its application, the article refers to the provisions of the Decree of 21 November 1975 setting standards of helmets used by drivers and passengers of vehicles.
Amended in 1985 and 1995, the text requires helmets for drivers and passengers two and three wheelers are consistent:
either the requirements of the French standard NF S 72-305
either the requirements of Regulation No. 22, Amendment 04 Geneva, noting that helmets must bear the signaling elements in retro-reflective materials referred to in paragraph 6.16 of the Regulation.
The decree sets the conditions of approval sets of signaling elements in the specifications attached loads.
Paragraph 2 of the general specifications provide that "a set of signaling elements for helmets must include:
the element in ensuring the white reflective signs in four directions (forward, backward, left, right) material;
the element orange fluorescent material filling the same role and all that is necessary for their attachment to the helmet. A set of signaling elements for helmets can not be sold unless it is accompanied by a notice complying with the requirements of Appendix 3. "
Appendix 2 describes the characteristics of the signaling elements:
They "must contribute to signaling motorcyclist by a continuous surface, simple form" . Each sticker must have "a total surface area and shape as defined in each direction, signaling is provided by a surface at least 18cm ². In each area, one should be able to include either a circle of 40 mm in diameter, a rectangle area at least equal to 12.50 cm ² and a width at least equal to 20 mm. "
22-04 The regulation essentially repeats the same requirements. However, it imposes no color, sticker front retroreflect only white light.
- Agreement of the United Nations Model Regulations 22 -. Revision 4 "Uniform provisions concerning the approval of protective helmets and their visors for drivers and passengers of motorcycles and mopeds"
The text details the standards that helmets and shields must comply to be registered in countries that have signed and ratified the agreement. These certification standards are so common to the members of the European Union and other countries such as Norway, Russia, Turkey, Japan, New Zealand States or South Africa.
however, Section 6.16 of the Regulation allows signatory states to impose freedom or not signaling helmets. "To comply with national requirements governing use different Contracting Parties may require that the helmet helps to signal the user , day and night:
forward
backward
right,
. leftward, using elements reflective materials "
The surface is then imposed the same as that provided in the French regulation: the retroreflective element employee must have a total surface area and shape such that the signal in each direction is provided by a surface of 18 cm2 at least of simple shape.
To date, only France has chosen to condition the approval of motorcycle helmets in the presence of four retro-reflective stickers, which is not without its problems as its nationals and foreign nationals.
Problems
Vis-à-vis French nationals
The pulsing with a helmet that does not have reflective stickers returns to circulate with an unregistered which is punishable by a fine of the fourth class (135 € in case of fixed penalty) helmet. Guilty of this offense drivers also undergo removal of 3 points on their license and may find their rest, the time they represent with a headset with good signaling equipment vehicle.
The penalty is the same as s they had driven without a helmet. It therefore seems completely disproportionate, especially since most helmets are sold without these precious stickers. Yet it is up to traders to fix helmets before they are sold.
Moreover, this national obligation prevents French riders buy their helmets abroad and is in fact an obstacle to the exercise of free movement goods, which is guaranteed by the founding treaties of the European Union.
Vis-à-vis nationals of the signatory States of Regulation 22-04 (now 22-05)
The legal department of the FFMC is regularly asked by British and Belgian riders who are worried about being fined on the French territory on the grounds that their helmets do not behave retroreflective stickers.
Article R431-1 of the Code of above route is indeed indiscriminately all drivers and passengers circulate in the country, and not only French users.
Neither England nor Belgium condition the approval of motorcycle helmets to the presence of reflective stickers, unlike France.
Indeed, these foreign bikers who use their helmets legally in their home country, are in breach of French law when navigating our roadways and may be fined if they do not affix stickers on their helmets to their entry on French soil.