Comment obtenir l’autorisation de stationnement de taxi parisien ?

Navigating Parisian Taxi Permits: A UK Perspective

02/02/2016

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Understanding the intricacies of taxi licensing is crucial for both drivers and passengers, ensuring public safety, fair competition, and efficient service. While regulations vary significantly from one country, or even city, to another, examining specific models can offer valuable insights. This article delves into the unique system of obtaining taxi parking permits in Paris, France, known as the Autorisation de Stationnement (ADS). While the detailed information here pertains specifically to the Parisian framework, it provides a fascinating case study in urban transport governance and the evolution of licensing policies.

Quel statut juridique pour un taxi ?

Since October 2014, Paris implemented a significant reform to its taxi permit system, moving away from a previously market-driven model to a more regulated, publicly managed approach. This shift fundamentally altered how new drivers enter the profession and how existing permits are managed, aiming to create a more equitable and accessible service for all.

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What is an Autorisation de Stationnement (ADS)?

At its core, an Autorisation de Stationnement (ADS) is an administrative permit that allows a taxi driver to operate their vehicle, specifically enabling them to engage in 'maraude'. In the context of Parisian taxis, 'maraude' refers to the practice of street-hailing – either by cruising public roads in search of customers or by waiting at designated taxi stands within a specified operational zone. This is distinct from pre-booked services, which can often be conducted outside the primary zone of the ADS.

To facilitate this street-hailing, public spaces are often designated as taxi stands, clearly marked with specific 'TAXI' signage and ground markings. These designated spots are crucial for the efficient flow of taxi services and for passengers to easily identify available cabs.

Who Issues These Permits in France?

The authority to issue these essential ADS permits in France is distributed among several bodies, reflecting a decentralised approach to local transport governance. The primary authorities responsible include:

  • Mayors: In most French communes, the local mayor is the competent authority for issuing ADS permits.
  • The Préfecture de Police (for Paris): Given its unique status as the capital, Paris operates under the specific jurisdiction of the Préfecture de Police, which manages taxi authorisations within the city.
  • Presidents of EPCIs (Public Establishments for Intercommunal Cooperation): In areas where powers have been delegated by the mayors of the communes involved, an EPCI president may be responsible.
  • Department Prefects: For certain major airports, the departmental prefect holds the authority to issue ADS permits.

This multi-layered system underscores the importance of local needs and conditions in determining taxi service provision.

The Parisian Permit Allocation Process: A Detailed Look

The process of obtaining an ADS in Paris, particularly since the 2014 reform, involves several distinct stages, each governed by specific regulations. It’s important to distinguish between the overall number of permits allowed and the individual allocation process.

Step 1: Delimiting the Number of ADS

Before any individual permits are issued, each competent authority, such as the Mayor or the Préfecture de Police in Paris, must determine the total number of ADS allowed within their jurisdiction. This is done via a regulatory decree, which is a public act. The decision on how many permits to create is not arbitrary; it must consider several factors:

  • The needs of the local population.
  • General public traffic conditions.
  • The economic balance and viability of the taxi profession in that area.

The authority has the discretion to assess this balance, subject to judicial review. Furthermore, they are obliged to inform the President of the CLT3P (Commission Locale du T3P), a local commission for public passenger transport, of any proposed changes to the number of ADS. While the commission's opinion is sought, it is advisory and not binding on the final decision-maker.

Step 2: Attributing the Individual ADS – A Tale of Two Systems

Once the total number of permits is set, the individual allocation of an ADS to a specific person requires a separate individual decree, which must be formally notified to the beneficiary. The 2014 reform created two distinct systems for ADS permits, operating concurrently:

New ADS (Issued from 1st October 2014)

These permits represent a fundamental shift in Parisian taxi regulation. Their key characteristics are:

  • Free Issuance: New ADS permits are issued free of charge by the competent authority. This contrasts sharply with the previous system where permits could be bought and sold for substantial sums.
  • Non-Transferable (Incessible): A crucial aspect of the reform is that these permits cannot be sold, given away, or inherited. This ensures that the permit remains tied to the individual driver and prevents market speculation.
  • 5-Year Validity: New ADS permits are valid for a period of five years. Drivers must apply for renewal at least three months before the expiry date to continue operating.
  • Personal Exploitation: The holder of a new ADS must operate the taxi personally. It is not permissible to have the ADS exploited by a salaried employee or a tenant-manager. This reinforces the individual nature of the permit.

Who Qualifies for a New ADS?

New ADS permits are issued based on an obligatory and public waitlist. To be eligible for inscription on this list, an applicant must:

  • Be a physical person (not a corporate entity).
  • Hold a valid professional taxi driver's card issued by the prefecture of the department where the ADS is sought.
  • Not be currently registered on another waitlist.
  • Not already be a holder of an ADS.
  • Ensure their request for inscription is less than one year old, as requests must be renewed annually.

Permits are generally offered in chronological order of registration on the waitlist. However, priority is given to applicants who can demonstrate at least two years of taxi driving experience within the five years preceding the date of permit issuance. This prioritisation aims to reward experienced professionals.

Furthermore, the issuing authority can impose specific conditions for the granting or renewal of new ADS permits. These can include:

  • The use of vehicles equipped for accessibility for persons with reduced mobility.
  • The use of hybrid or electric vehicles, promoting environmental sustainability.
  • The obligation to operate the taxi during specific hours, dates, or in certain locations, to meet public demand.

These conditions reflect a broader policy objective to integrate taxis more fully into public transport networks, serving all segments of the population.

Old ADS (Issued Before 1st October 2014)

The 2014 reform was not retroactive, meaning that permits issued before this date continue to operate under a different legal framework. These 'old' ADS permits have distinct characteristics:

  • Transferable (Cessible): Unlike the new permits, old ADS permits can be sold by the holder or their heirs. This process is often referred to as a 'presentation for consideration of a successor', implying a financial transaction.
  • Indefinite Validity: These permits do not have a set expiry date, provided they are effectively and continuously exploited.
  • Flexible Exploitation: Old ADS permits offer more flexibility in how they are operated. They can be driven personally by the holder, or by a salaried employee, a tenant-manager, or a tenant-cooperator.

Procedure for Transferring an Old ADS:

The transfer of an old ADS is typically conditional on proving effective and continuous exploitation for 15 years from the permit's creation date, or 5 years from its last attribution. However, there are specific exceptions where a transfer can occur before these deadlines:

  • In cases of total or partial cessation of activity, mergers, or splits for taxi companies operating multiple 'old' authorisations, particularly if their legal representatives do not drive themselves.
  • During safeguard or judicial recovery proceedings, or in cases of judicial liquidation.
  • In the event of a driver's definitive unfitness leading to the cancellation of their driving licence for all categories (with a five-year waiting period before they can drive a taxi or acquire another ADS).
  • Upon the death of the permit holder, their beneficiaries have a one-year window to present a successor.

When an old ADS is transferred, the transaction details must be recorded in a public register held at the town hall. This register includes the transaction amount, the names of the original holder and the presented successor, and the successor's unique INSEE identification number.

Quel est le prix d’un taxi à Paris ?
Tarifs des taxis parisiens Le montant de la prise en charge est de 2,30 e, quelle que soit la course. Tarif A : 0,92 e le km* - Tarif B : 1,17 e le km* - Tarif C : 1,42 e le km* Paris jusqu’au boulevard périphérique, celui-ci étant inclus dans la zone.

Step 3: Notification of the Decree

The competent authority must issue and notify the ADS holder of a new decree in several circumstances. This includes the initial granting of an ADS (whether new or old), its transfer (for old ADS), a change of vehicle associated with the permit, the switch to a tenant-management arrangement (for old ADS only), or the withdrawal of the ADS.

Step 4: Withdrawal of an ADS

ADS permits can be withdrawn under various conditions, ensuring compliance and proper conduct within the profession. Reasons for withdrawal include:

  • Administrative sanctions against the ADS holder.
  • Permanent withdrawal of the professional taxi driver's card.
  • At the request of the permit holder.
  • In cases of definitive unfitness of the driver, leading to the cancellation of their driving licence.
  • Upon the death of the permit holder (for new ADS, as old ADS can be transferred by heirs).

What About 'Taxi Relais'?

The term 'Taxi Relais' is mentioned in the provided information as a category or concept related to taxi regulation. However, the accompanying text does not offer a definition or any specific details regarding what a 'Taxi Relais' entails or how it functions within the French taxi system. It may refer to a particular type of service, a designated waiting area, or a regulatory nuance not elaborated upon in the source material.

Comparative Overview: New ADS vs. Old ADS

The reform fundamentally reshaped the landscape for Parisian taxi drivers. Here’s a summary of the key differences:

FeatureNew ADS (Post-Oct 2014)Old ADS (Pre-Oct 2014)
Cost of AcquisitionFreeAcquired through purchase/transfer (can be costly)
TransferabilityNon-transferable (Incessible)Transferable (Cessible), can be sold
Validity Period5 years (renewable)Indefinite (as long as continuously exploited)
ExploitationMust be exploited personally by the holderCan be exploited personally, by employee, tenant-manager, or tenant-cooperator
EligibilityPhysical person, valid professional card, waitlist, no other ADSNo specific eligibility criteria for purchase, but must have valid professional card to operate
ConditionsCan be subject to conditions (accessibility, eco-vehicles, specific hours/locations)Generally not subject to such conditions upon transfer

Frequently Asked Questions (FAQs)

Here are some common questions regarding Parisian taxi permits, based on the provided information:

What is 'maraude' in the context of Parisian taxis?
'Maraude' refers to the practice of street-hailing, where a taxi actively seeks customers by cruising public roads or waiting at designated taxi stands within its authorised zone.

Are Parisian taxi permits free?
Yes, new Autorisation de Stationnement (ADS) permits issued from October 2014 onwards are granted free of charge by the competent authorities.

Can I sell my Parisian taxi permit?
It depends on when your permit was issued. 'New' ADS permits (post-October 2014) are non-transferable and cannot be sold. However, 'old' ADS permits (pre-October 2014) are transferable and can be sold under specific conditions.

How long is a new Parisian ADS valid for?
New ADS permits are valid for a period of five years and must be renewed by the taxi driver at least three months before their expiry date.

Who can get a new Parisian ADS?
New ADS permits are primarily issued to physical persons who hold a valid professional taxi driver's card, are not already ADS holders, and are registered on the official public waitlist. Priority may be given to drivers with at least two years of experience.

What is the role of the Préfecture de Police in Paris regarding taxis?
The Préfecture de Police is the specific competent authority responsible for issuing, renewing, and withdrawing Autorisation de Stationnement (ADS) permits for taxis operating within the city of Paris.

Conclusion

The Parisian taxi licensing system, particularly with the reforms introduced in 2014, offers a compelling example of how governments can reshape public services. The move towards free, non-transferable permits, coupled with a transparent waitlist and conditions promoting accessibility and environmental responsibility, represents a significant shift from a traditional, market-driven model. While these regulations are specific to France's capital, understanding such detailed frameworks can provide valuable insights for anyone interested in urban transport planning, regulatory evolution, and the ongoing challenges of balancing public service with professional livelihoods in the dynamic world of taxi operations.

If you want to read more articles similar to Navigating Parisian Taxi Permits: A UK Perspective, you can visit the Taxis category.

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