Checking the Checklist: An Analysis of France’s Policy on Making Roads Safer

By Emily Bauer

On average, 1.3 million individuals die in traffic related crashes each year and an additional 20-50 million individuals are injured.[1] Although traffic related death is a global problem, France’s 2017 traffic death toll proved to be particularly alarming.[2]  There were nearly double the number of traffic related deaths in France than there were in the United Kingdom.[3]  The French government responded to widespread concern twofold.[4]  First and uniquely, France implemented the “Driving Checklist” to ensure drivers are prepared and safe in the event of a traffic emergency.[5] Second, France targeted common causes of crashes by enacting laws to prevent drunk driving and speeding.[6] France is clearly taking action to reduce its number of traffic related deaths.[7] The question becomes are reactionary or preventative measures more successful in combatting traffic related death? Given France’s experience, the answer is seemingly a combination; however, reactionary methods without enforcement are insufficient.[8]

Compliance with the French Driving Checklist is enforced by on-the-spot fines from French police officers.[9] The checklist requires headlamp converters, a hi viz vest, a GB sticker,[10] a warning triangle, spare bulbs, and a breathalyzer.[11] Most of the checklist items are reactionary in the sense that they protect individuals should they be involved in an accident; however, they are also preventative of additional injury.[12] For example, the checklist requires a hi visibility vest for each individual in the car.[13] Therefore, when a vehicle is involved in a crash and the passengers need to exit the vehicle, all passengers are required to put on a high visibility vest to make them noticeable to oncoming traffic.[14] Failure to do so will result in a 135 euro fine.[15] Although this checklist item does not prevent traffic related death in the initial crash, it prevents further crashes, injury, and death.[16]

Interestingly, the breathalyzer, which is an exclusively precautionary measure, is the only legal requirement without an accompanying fine.[17] When the breathalyzer requirement was introduced as part of the new big road safety initiative, the French government advertised that an 11 euro fine would be issued for non-compliance; however, the fine never materialized.[18] Therefore, even though a portable breathalyzer remains on the 2018 Driving Checklist, there is no mechanism to enforce compliance with the breathalyzer requirement nor is there a way to account for how many individuals are using a breathalyzer.[19] In an attempt to promote breathalyzer ownership, many stores are now including breathalyzers in their “all in one travel kits.”[20] Alcohol has been linked to 30% of all road deaths in France so it surprising that the breathalyzer is the only exclusively precautionary measure and the only checklist item that has no enforcement mechanism.[21] Since the 2012 portable breathalyzer kit initiative has lost its vigor, the French government decided to add a more targeted approach to combat drunk driving.[22]

Currently, any driver caught for a second time driving over the legal limit, will be required to participate in an ignition interlock program.[23] The program requires the driver to take a breathalyzer test prior to starting his or her car.[24] If the individual fails the breathalyzer test, his or her car simply will not start.[25]  This control will prevent intoxicated individuals from even getting on the road, which will eliminate the risk of an alcohol related car crash.[26] In addition to the vehicle ignition breathalyzer, an individual who has been caught driving over the legal limit for the second time will be asked to visit a specialist psychologist.[27]

The ignition interlock program is only required for individuals who have been caught driving over the legal alcohol limit more than once.[28] What about other individuals? How does France prevent the rest of the population from driving under the influence if there is no enforcement mechanism for a checklist breathalyzer? The answer potentially lies in France’s strict drunk driving laws.[29] French police officers “have the right to stop any driver at random to check a driver’s papers and carry out an alcohol test.”[30] In addition to allowing police officers to stop cars at random, France has a lower threshold for drunk driving.[31] An individual is only allowed a maximum of 0.5mg/ml of alcohol per liter, compared to 0.8mg/ml in the United Kingdom.[32] Individuals caught having between 0.5mg/ml and 0.8mg/ml of alcohol in their blood are fined between 135 and 750 euros.[33] Although there is no enforcement mechanism for the portable breathalyzer item on the checklist, France’s strict drunk driving laws may incentivize citizens to use the required breathalyzers to avoid drunk driving punishment.[34]   

In addition to targeting drunk driving to prevent traffic related death, France has also implemented measures to address speeding.[35] Since “[e]xcessive or inappropriate speed” caused 32% of France’s fatal traffic accidents, the government is planning to reduce the speed limit on two lane highways by 10 kilometers per hour.[36] The government suggests that this reduction could save 350 to 400 lives per year.[37] Opponents question whether speed is truly the cause of the crashes or whether it is the dangerous behavior of drivers or the better car and road quality.[38] The new speed limit recently came into effect in July so it is too early to tell if this change will be proven successful or if police officers will enforce the new speed limit.[39] Despite not knowing how successful reduction of speed limits will be, additional measures will be employed come 2021.[40]  The French government will be requiring an automatic speed controlling device for certain drivers.[41] Drivers who have been caught going 40km/h over the speed limit will be mandated to have a speed controlling device in their car in order to drive.[42] The speed controlling device automatically caps with car’s speed in accordance with the limit on each road, therefore, having a built in speed enforcement mechanism.[43] This preventative measure in conjunction with an enforcement mechanism will help reduce speed.[44] If speed truly is a contributing factor to traffic related death, France should see a reduction in crashes in the coming years.

II.             Conclusion

France’s alarming 2017 traffic death toll prompted the government to respond twofold.[45] France’s “Driving Checklist” contains primarily reactionary measures to ensure drivers are prepared and safe in the event of a traffic emergency; however, the checklist has preventative components as well.[46] Arguably the most preventative checklist item is the breathalyzer; however, the required breathalyzer has no enforcement mechanism.[47] Nevertheless, France’s strict drunk driving laws serve as an incentive for citizens to comply with the breathalyzer requirement.[48] France has also targeted two common causes of crashes, drunk driving and speeding, by enacting individualized programs for each.[49] France is clearly taking action to reduce its number of traffic related deaths.[50] It is still to be seen how successful France’s new measures will be; however, the enforcement mechanisms will likely foster a country of compliance.

[1] Annual Global Road Crash Statistics, Association for Safe International Road Travel (2018), http://asirt.org/Initiatives/Informing-Road-Users/Road-Safety-Facts/Road-Crash-Statistics.

[2] How France Aims to Make its Roads Safer for Drivers and Pedestrians, The Local (Jan. 10, 2018), https://www.thelocal.fr/20180110/how-the-french-government-aims-to-make-driving-in-france-safer.

[3] Id.

[4] Id.

[5] Dave Griffiths, Driving in France, Checklist, Drive-France.com (2018), https://www.drive-france.com/checklist/.

[6] How France Aims to Make its Roads Safer for Drivers and Pedestrians, supra note 2.

[7] Id.  

[8] See id.; see also Griffiths, supra note 5.

[9] Griffiths, supra note 5.

[10] Dave Griffiths, GB Sticker, Drive-France.com (2018), https://www.drive-france.com/products/gb-sticker/. The GB sticker is an international road requirement so that “foreign” cars can be easily identified. Id. The fine for non-compliance is 90 euros. Id.

[11] Griffiths, supra note 5.

[12] Id.; see also How France Aims to Make its Roads Safer for Drivers and Pedestrians, supra note 2.

[13] Griffiths, supra note 5.

[14] Id.  

[15] Id.

[16] Id.

[17] Id.

[18] Id. Even if the 11 euro fine did materialize, it is interesting to point out that the fine would have been significantly lower than the 135 euro fine for failure to have a high visibility vest. Id.

[19] Id.

[20] Id.

[21] How France Aims to Make its Roads Safer for Drivers and Pedestrians, supra note 2.

[22] Id.

[23] Id.

[24] Id.

[25] Id.

[26] Id.

[27] Id.

[28] Id.

[29] Driving Rules in France, French-Property.com (2018), https://www.french-property.com/reference/driving_rules/.

[30] Id.

[31] Id.

[32] Id.

[33] Id.

[34] Id.; see also Griffiths, supra note 5.

[35] How France Aims to Make its Roads Safer for Drivers and Pedestrians, supra note 2.

[36] Id.

[37] Id.

[38] Id.

[39] Id.

[40] Id.

[41] Id.

[42] Id.

[43] Id.

[44] Id.

[45] Id.

[46] Griffiths, supra note 5.

[47] How France Aims to Make its Roads Safer for Drivers and Pedestrians, supra note 2; see also Griffiths, supra note 5.

[48] How France Aims to Make its Roads Safer for Drivers and Pedestrians, supra note 2.

[49] Id.

[50] Id.