You have just received a penalty notice for failure to name the driver in France. Before paying, take the time to check whether the penalty is well founded.
Contrary to what one might think, the offence of failure to name the driver is not automatically established merely because the notice has been received. Several grounds can lead to its cancellation, in particular the fact that the holder of the vehicle registration certificate (carte grise) is not a legal entity, the fact that the driver has already been named, or the theft of the vehicle.
In this article, I explain:
- in which cases a challenge is possible,
- how to challenge the fine in practice,
- which documents to attach to your letter.
To better understand the offence of failure to name the driver and the obligations that rest on the legal representative, you can read my article.
Contesting a fine for failure to name the driver: in which cases is it possible?
The offence of failure to name the driver rests on precise conditions, set out in Article L. 121-6 of the French Highway Code (Code de la route) and clarified by case law. If any one of these conditions is not met, the penalty can be challenged.
Below, I set out the 4 main grounds for challenge.
Ground 1: the holder of the vehicle registration certificate is not a legal entity
The obligation to name the driver provided for by Article L. 121-6 of the Highway Code applies only to vehicles whose registration certificate holder is a legal entity (company, association, etc.) or which are held by one.
If the registration certificate is issued in the name of a sole trader or of any other structure that does not have legal personality, the offence of failure to name the driver cannot be established.
The Court of Cassation has expressly ruled to this effect: the offence of failure to name the driver can only be established where the business is a legal entity, to the exclusion of businesses without legal personality (Cass. crim., 21 April 2020, no. 19-86.467).
In this case, the challenge must be accompanied by supporting evidence showing that there is no legal personality.
Ground 2: the 45-day period following the sending of the initial notice has not expired
The 45-day period for naming the driver runs from the sending or delivery of the initial penalty notice (for the road traffic offence), not from the date on which the notice was issued (Crim., 9 November 2021, no. 20‑85.020).
Accordingly, if the 45-day period following the sending of the initial notice had not expired when the penalty for failure to name the driver was issued, that penalty can be challenged.
It is possible to challenge the expiry of this period by explaining in detail the chronology of the penalty notices and the dates on which they were sent.
Ground 3: the driver was named in the proper form and within the time limit
If you named the driver within 45 days of the sending of the initial notice, and you are able to prove it, the offence of failure to name the driver is simply not established.
The designation must nonetheless be valid in substance: a single named driver, with all the required information (identity, address, driving licence reference), and evidence confirming that this person was actually driving the vehicle at the time of the offence.
The supporting documents to be produced include in particular: a copy of the registered letter naming the driver together with its acknowledgement of receipt or a screenshot of the confirmation of the online designation made through the ANTAI website, and all the evidence showing that the person named was indeed the driver of the vehicle at the time of the offence (duty roster, vehicle allocation register, route sheet, etc.).
Ground 4: theft, misuse of a registration plate or force majeure
Article L. 121-6 of the Highway Code expressly exempts the legal representative from the obligation to name the driver where he or she establishes:
- that the vehicle was stolen,
- that the registration plate was misused,
- or any other event amounting to force majeure.
In these circumstances, it was materially impossible for the legal entity to know the identity of the actual driver at the time of the offence. The offence therefore cannot be held against it.
This ground must be supported by solid evidence, in particular the complaint filed with the police or gendarmerie.
How do you contest a fine for failure to name the driver?
To whom should the challenge be sent?
The challenge must be sent to the public prosecution officer (officier du ministère public) whose contact details appear on the penalty notice for failure to name the driver.
What is the time limit for challenging?
The challenge must be made within 45 days of the sending or delivery of the penalty notice for failure to name the driver.
After this period, the fine is increased and the challenge becomes more difficult. It is therefore essential to act quickly on receipt of the notice.
How should the challenge be sent?
The challenge can be made in two ways:
- registered letter with acknowledgement of receipt, addressed to the public prosecution officer whose address appears on the notice;
- online declaration on the ANTAI website (antai.gouv.fr).
Whichever method you choose, keep a copy of your challenge and proof that it was sent.
Which documents should be attached to the challenge?
The documents vary according to the ground relied on. As a general rule, you should attach:
- a copy of the initial penalty notice (for the road traffic offence),
- a copy of the penalty notice for failure to name the driver.
Depending on the ground:
- No legal personality: Kbis extract, INSEE certificate or any document showing the status of sole trader.
- 45-day period not yet expired: initial notice, proof of the date it was sent, penalty notice for failure to name the driver.
- Driver already named: copy of the letter naming the driver with the signed acknowledgement of receipt, or a screenshot of the ANTAI confirmation.
- Theft or misuse of a plate: copy of the complaint or of the receipt issued by the police or gendarmerie.
What is the amount of the fine for failure to name the driver?
The fines that may be imposed are as follows:
- For a legal representative (natural person):
- reduced fine (payment within 15 days): 90 euros
- fixed fine (payment within the normal time limits, that is, between 16 and 45 days): 135 euros
- increased fine (payment after a period of 45 days): 375 euros
- for a legal entity, the amount is multiplied by five:
- reduced fine: 450 euros
- fixed fine: 675 euros
- increased fine: 1,875 euros
Would you like a template letter of challenge covering these 4 options, to adapt to your situation?
A poorly drafted challenge, or one based on an unsuitable ground, would work against you. I recommend that you contact me before sending anything.
In practice
Receiving a penalty notice for failure to name the driver does not mean that the offence is necessarily established. Several defences exist, and a well-constructed challenge can result in the penalty being dropped.
Having handled many cases of this kind, I am able to help you to:
- quickly analyse the grounds for challenge available in your case,
- draft and send the challenge in the proper form and within the time limit,
- assist you in the event of proceedings before the police court (tribunal de police).
I am at your disposal to discuss your situation.
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