What 2017 will change for you 2/2

He who loves well will not punish

In legal language, spanking, slapping, slapping, pinching, pulling the ears… in short, all corporal punishments, verbal or psychological violence… are called Ordinary Educational Violence (VEO).

France has been singled out by the Council of Europe on several occasions for violating Article 17 of the European Charter of Human Rights, which commands member states to "protect children and adolescents against neglect, violence or exploitation (…) ”; as well as article 18 of the international convention of the rights of the child based on the best interests of the child which it is up to the States to protect.

The French state has rectified the situation. Article 371-1 of the Civil Code, which regulates the modalities for exercising parental authority now prohibits "any cruel, degrading or humiliating treatment, including any recourse to bodily violence".

So what punishment for the parent who indulges in spanking? Well… Nothing! No sanction is foreseen. This is not a lacuna or an error on the part of the legislator, but an affirmed desire tending to raise parents' awareness.

Helmet on a bicycle

From March 22, 2017, helmets will be compulsory for children under 12 on all two wheels. Whether they are passengers on a bicycle, scooter, motorbike ... or simply driver of their small bikes with rear wheels.

In case of forgetting, the parents (or the holders of parental authority) will be fined 135 euros.

Gloves on a motorcycle

The measure came into force on November 20: Gloves are compulsory and CE approved!

So no mittens or trendy little woolen gloves! for drivers and passengers of a + 50 cm3 motorcycle all the time… even in summer! Otherwise, the recalcitrant incurs a fine of 68 euros (3rd class ticket) and 1 point less on their license.

Insurance default: The files of insurers and vehicle registration documents are now "crossed"

It is a great novelty nobody had managed to reconcile the interests of insurers (who very jealously protect all their files) with those of the public interest! The Justice law of the XNUMXst century creates a SIV file (Vehicle Registration System) which obliges all insurers to register all their policyholders in a common file.

It will suffice for unmarked crews equipped with the famous LAPI camera which "can read" license plates, to consult this file to identify and ticket motorists who circulate without insurance: This is called the automation of infringements. !

Since the law of October 12, 2016, driving without insurance is a fine for which one incurs a fine of 500 euros (at least, because it can be increased up to 1 euros).

Driving without a license

A measure taken to unclog the courts, driving without a license is no longer an offense but a contravention. Offenders therefore incur a fixed fine of 800 euros.

But this only concerns first-time offenders. In the event of a repeat offense, the motorist will not be able to escape prosecution in court.

Driving with a false or falsified driver's license

It is now an offense punishable very severely by 5 years' imprisonment and a fine of 75 euros.

But what must be remembered is the extent and the hardening of the additional penalties provided for by the legislator:

• Mandatory confiscation of the vehicle if it is the owner;
• A sentence of community service;
• A day-fine penalty;
• The ban for a maximum of 5 years from driving certain vehicles, including those for which a driving license is not required;
• The obligation to complete, at their own expense, a road safety awareness course.

And since it is a question of forgery and use of forgery, it also incurs as an additional penalty:

• A ban on civic, civil and family rights;
• A ban either from exercising a public function or the professional activity in the exercise of which the offense was committed, or from exercising a commercial or industrial profession, directing, administering, managing or controlling at any security whatsoever, directly or indirectly, for its own account or for the account of others, a commercial or industrial enterprise or a commercial company;
• A ban from French territory for a maximum period of 10 years at most, or permanently, if he is of foreign nationality.

Dissuasive penalties for exceeding the maximum authorized speed by more than 50 km / h

The legislator has tightened the repression of these overruns by providing:

• A fine of 1500 euros;
• A withdrawal of 6 points;
• The suspension of the license for a maximum period of 3 years;
• Confiscation of the vehicle (before it was necessary to be in a state of recidivism to consider the seizure or confiscation).

Presentation of the driving license to register your vehicle at the prefecture

Until now you could buy a car and register it without having a license and let a third party use it. A loophole widely used by people who registered the vehicle in the name of a grandparent (for example) who was solely responsible for the violations observed.

From now on, this will no longer be possible. You will need to be the holder of the license to be able to register it.

The CLARIS file for vehicle rental specialists

In 2015, car rental professionals created a common file listing their high-risk customers called CLARIS. Approved by the CNIL, it will expand.

The following people are registered in this file of the “unwanted” of the rental:

• Prosecuted by the litigation service for a payment incident
• Having had several accidents
• Willfully causing damage to the vehicle
• Not respecting the general conditions of the rental contract.

"Rental permit" imposed on owners

Here is a decree taken under the ALUR law (Access to Housing and Renovated Urban Planning) which will cause a lot of noise (harm?) In the rental sector. To fight against the sellers of sleep and unhealthy, indecent housing… the municipalities will now be able, and if they decide to do so, to submit housing rentals to a prior declaration, or even to prior authorization.

It is a rental permit that can lead to a fine of 15 euros in the event of non-compliance by the owner-lessor.

Unworthy, indecent housing… concerns 11 million properties in France.

According to the texts, the owner will have to:

• In the event of a prior declaration: Declare the rental of a property to the community 15 days before the conclusion of the lease
• In case of prior authorization: Obtain the agreement of the community before renting the property

If the accommodation is declared unsanitary, the owner will have the obligation to do work and bring the accommodation into conformity before renting it.

Two additional technical diagnoses to rent a property

From July, owner-lessors will be required to present a diagnosis of the condition of gas and electricity installations.

Mandatory architect for any construction over 150 m2

From March 1, 2017, the architect is no longer compulsory from 170 m2, but from 150 m2. We will no longer be able to be satisfied with a client to monitor and lead the work.

Tax on vacant housing in Paris

In force from January 1, this provision intended to encourage owners to rent their property will be multiplied by 2. There are nearly 10 vacant homes in Paris.

Professional card for the construction sector

This provision resulting from the Macron law of 2015 created a secure professional card (code, identification, mandatory declarations ...) to fight against illegal work and this concerns nearly 2 million people in the territory.

This is to allow employers, labor inspectors, URSSAFF and customs officers to know if the employee is regularly declared.

This card valid for 5 years (or limited to the duration of the contract) concerns any person working on a construction site in the construction sector (Buildings and Public Works), namely: workers, site managers, cleaning trades, elevator operators, security guards, temporary workers, posted workers (people employed in a European country).

On February 23, 2016, a decree has already designated the body responsible for issuing and managing this card: the Union des caisses de France (UCF) and the CIBTP bad weather leave network.

It is already up to employers to make their request via the “Cartebtp.fr” website. »It will cost 10,80 euros.

The Ministry of Labor provides for the gradual implementation of the system throughout 2017. It will be compulsory from 2018. A fine of 2 euros will be imposed in the event of default. A ministerial decree has yet to be published to finalize its application.

In the years to come, we must expect the generalization of this professional card in all sectors fond of moonlighting such as: catering (hotel, café, bar, etc.), entertainment, seasonal workers, etc.

Youtube tax

The Youtube tax comes into force. This is not about taxing all Youtube videos. Dissemination of information to the public is excluded from the system. Only videos paid for by advertising with a non-educational aim are concerned (comedians with high numbers of views will laugh less…) and all this to finance the CNC (National Cinema Center).

Lower corporate tax

Currently amounting to 33,33%, it will drop to 28% in 2017 but only on part of the results.

Pesticides, fungicides, insecticides ... with limited access

These products are banned from shops, public spaces, gardens, paths, etc. Only their use in stadiums and cemeteries will be authorized.

For individuals, their ban is already planned for 2019.

Criminal prescription

The bill was passed at second reading on January 12! The statute of limitations for crimes and misdemeanors will be extended:

• Crimes: the limitation period increases from 10 to 20 years
• Misdemeanors: The limitation period is reduced from 3 to 6 years

In matters of financial delinquency, the starting point of the limitation period will start from the revelation of the facts and not from their commission.

Video cameras in slaughterhouses

The text is not definitively voted on and the measures to be taken have not yet been fixed, because it is still only a parliamentary measure, but it should enter into force from 2018.

It is a matter of being careful during an election, because everything could be called into question in the event of a change of majority. Especially since according to the legislative calendar the vote on the text will not be able to take place before September 2017.

As it stands, it is a matter of placing video surveillance in all slaughterhouses in order to monitor the conditions in which animals are slaughtered, "in all places of transport, accommodation, immobilization, 'stunning, slaughter and killing of animals'.

The measure tends to set up a control and surveillance system, the terms of which remain to be defined (it is necessary to reconcile employees' image rights with these provisions). To this end, a slaughterhouse ethics committee has been created.

So… to be continued.