Dispute over non-designation of driver

1. What is the driver identification obligation?

The driver identification obligation, introduced by Article L. 121-6 of the Highway Code (Law of November 18, 2016), requires legal entities that own or lease a vehicle to communicate to the judicial authority the identity and address of the driver who committed an offence recorded by radar, within 45 days of receiving the notice of violation. Non-compliance with this obligation is punishable by a fixed fine of €750 per vehicle.

2. Can a fine for non-identification be contested?

Yes. The fine for non-identification of the driver can be contested on several grounds: formal defect in the initial notice, non-receipt or delayed receipt, material impossibility to identify, technical failure of the online service, or defect in the initial offense. Contestations.fr systematically analyzes all these aspects to identify the strongest grounds for contestation.

3. In what cases does the identification obligation not apply?

The driver identification obligation does not apply to natural persons (individuals), to offenses recorded by an officer in the presence of the vehicle (violation delivered directly), nor to FPS (post-parking flat-rate penalty). It only applies to offenses recorded by an automated control device (radar) and addressed to a legal entity.

4. How much does contesting with Contestations.fr cost?

A unique flat rate of €49 per case, without commitment or subscription, including AI analysis, validation by our experts, and drafting of the contestation. For fleets with multiple simultaneous fines, each case is processed at the same rate with consolidated reporting offered.

5. What are the benefits of contesting?

In case of success: cancellation of the €750 fine (significant savings, especially on a fleet) and, if the initial offense is also contested and cancelled, protection of the driver's points. For a fleet of 20 vehicles with two or three driver non-identification fines per year, the savings can exceed €4,500 — well above the cost of contesting.

6. What are the deadlines for contesting a non-identification fine?

45 days from the date of sending the notice of violation for an ordinary contestation. An additional 30 days from the date of sending the increased flat-rate fine (€1,500) for an exemption request, accompanied by a deposit of €750.

7. Can identifying an employee be detrimental to them?

Yes. Identifying the driver results in the employee losing points associated with the initial offense, as well as the obligation to pay the corresponding fine (unless covered by the employer). Before identifying, it is advisable to analyze whether the initial offense is contestable — in which case it may be preferable to contest rather than identify.

8. How does online contesting with Contestations.fr work?

Online submission of the case (identification notice + initial notice if available), AI analysis, validation by our experts, drafting of the exemption request and, if relevant, the contestation of the initial offense, transmission within deadlines. For fleets, grouped management and consolidated reporting.

9. What documents are necessary to contest?

Mandatory documents: the notice of violation for non-identification. Useful documents: the initial notice of violation (main offense), any proof of non-receipt (registered mail acknowledgment, NPAI), any document demonstrating the impossibility to identify (logbook, HR certificate, theft report, etc.). The more substantiated the case, the stronger the exemption request.

10. Can one contest after paying the €750 fine?

Not in the ordinary procedure: payment constitutes recognition of the offense and closes the procedure. In case of a clear error — notice wrongly addressed, serious procedural defect — an amicable or judicial appeal remains possible but difficult to obtain. That is why it is essential to analyze before any payment.

11. Can I be accompanied by an expert or a lawyer via Contestations.fr?

Contestations.fr is an administrative aid combining artificial intelligence and human expertise. For situations involving criminal proceedings against the legal entity or its executives (deliberate and repeated refusal to identify, presumed complicity...), we direct you to one of our partner lawyers specializing in corporate road law.