The ban on commercial vehicles classified Crit’Air 3, which came into force on January 1, 2021, should only concern professionals, according to the Métropole de Lyon. But elected officials have forgotten that individuals also own utility vehicles.
We didn’t warn them! While the ban on the most polluting commercial vehicles in the Low Emission Zone of the Lyon metropolitan area, individuals using commercial vehicles are discovering that they are also concerned. A lawyer from Lyon launches collective action against the Metropolis.
At least 10,000 individuals forgotten?
Since January 1, 2021, commercial vehicles bearing Crit’air 3, 4, 5 stickers or without a sticker are prohibited in the Low Emissions Zone (ZFE) of the metropolis of Lyon (Lyon, Villeurbanne, Caluire and Cuire). The measure should only concern professionals, and aid for the purchase of new vehicles to adapt is offered. But elected officials of the metropolis have apparently forgotten that private users of commercial vehicles are also concerned. According to master Elisabeth Gelot, who is launching a collective action against the Metropolis, more than 10,000 motorists could be concerned. And for them, no help was provided.
“A hole in the racket”
In question, the drafting of the deliberation adopted in 2019, which does not distinguish individuals and professionals. By evoking vehicles “utilities”, elected officials thought they were targeting only professionals. “Our predecessors didn’t see this hole in the racket, and we didn’t think about it either”, admits Jean-Charles Kohlaas, vice-president of the Metropolis in charge of travel. But he puts into perspective: “This problem only concerns individuals who have bought a used utility vehicle from a professional, and who have not changed the destination of the vehicle on their vehicle registration document. They must do so. This will provide a legal solution for most cases, and for the few special cases, we may find exemptions. “
But for master Elisabeth Gelot, lawyer at the Lyon bar, the problem remains unresolved. As part of the class action lawsuit that it initiates free of charge against the Metropolis, and for which it offers all individuals concerned to join the action, it requests, among other things, a 12-month postponement of the Crit’Air 3 vehicle ban for individuals, and similar aids to those offered to professionals : “The Metropolis has been communicating with professionals since 2019, and it helps them to adapt. Individuals have not been informed, and in addition they are not entitled to aid! It is an inequality of treatment”, she explains. The lawyer wants a measure that is “deployed in a fair, egalitarian and transparent manner vis-à-vis the citizens”.
By the end of his term in 2026, Bruno Bernard, EELV president of the Métropole de Lyon, hopes to ban all polluting vehicles, in particular Diesel vehicles, in the ZFE.