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Up to 400,000 speed bumps currently considered non-compliant are to be retrospectively legalised by a change to national regulations planned by the government - angering road safety associations.

The move follows years of pressure from two road safety associations - the Ligue de D茅fense des Conducteurs and Pour une Mobilit茅 Sereine et Durable (PUMSD) - which have successfully argued in court that many existing installations violate the terms of a 1994 decree. 

This decree, which is still in force, sets strict technical and geographical rules for road humps, including a maximum height of 10cm, minimum and maximum lengths, and bans on their installation on roads with high traffic or difficult visibility.

Many local authorities, however, followed a now-invalidated guidance document from Cerema, the state body for road and environmental planning. 

Cerema鈥檚 recommendations were more flexible than the subsequent decree and were widely used by mayors when installing speed-control measures in towns and villages.

In 2023, a Marseille appeal court ruled that all speed bumps must comply with the 1994 decree. 

The Conseil d鈥橢tat later confirmed the ruling without ordering removal, upholding the principle that bumps must follow national law 鈥� and reinforcing the legal risks for local officials. 

In the meantime, some 200 lawsuits have reportedly been launched by individuals citing vehicle or property damage caused by non-compliant bumps.

New law in pipeline

Rather than remove them, the Ministry of Transport is preparing a new decree to 鈥渞emedy this situation, which undermines the long-term viability of the installations put in place to secure the public space鈥�.

The ministry announced its plans in a written response to an MP on June 24.

鈥淭he new regulations will take the form of a decree covering all five types of speed bumps, i.e. speed bumps, raised pedestrian crossings, speed cushions, platforms and partially raised crossroads.鈥�

The draft decree is expected to formally integrate Cerema鈥檚 past recommendations into law, effectively legalising most existing installations and shielding municipalities from future court action.

鈥楢 political manoeuvre鈥�

Associations opposing the move say it undermines the rule of law. 

鈥淭his is a political manoeuvre designed to avoid disavowing Cerema and to protect local elected officials,鈥� said Antonin Morelle, president of PUMSD in a statement published on July 8. 

鈥淏y bypassing the courts through a regulatory change, the government weakens judicial authority and legal certainty.鈥�

Nonetheless, the new rules are not yet in force. 

Until they are adopted, the existing 1994 decree remains the only valid legal reference. Mayors introducing new bumps must continue to comply with it or risk liability in the event of accidents or damage.

In the meantime, residents affected by bumps deemed non-compliant may still claim for damages and compensation from the local mairie.