Gauthier Delomez 6:06 p.m., October 14, 2022

Many motorists may find themselves forced to play with the fuel reserve, while nearly a third of service stations are still short of at least one product.

In the event of running out of fuel, the driver is liable to a fine, but he can also benefit from the leniency of the police in view of the situation.

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The blow of the breakdown is feared by motorists, in the midst of a fuel shortage.

While nearly a third of service stations lack at least one product, according to the Ministry of Energy Transition, drivers driving on the reserve may be forced to stop on the lane for lack of sufficient gasoline. .

An unfortunate mishap that can even lead to a fine, unless it is proven that it is a case of force majeure.

Europe 1 takes stock.

Up to 135 euros fine incurred

If in town, on departmental or national roads, it is possible to stop without obstructing traffic, it is more difficult on the motorway.

It is on this style of track that we are more likely to be fined, as underlined by Me Jean-Baptiste Le Dall, specialist in road law quoted by TF1.

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"The areas in which we are most exposed to verbalization are the emergency lanes: they are used to stop in the event of force majeure, which is not the case when the breakdown is foreseeable" , he advances, taking the example of a motorist engaging with only ten kilometers of autonomy.

Here, the driver risks a fine of 35 euros which can be increased to 75 euros according to article r 417-10 of the Highway Code.

Dangerous parking, in the middle of the road for example, may be worth a fine of 135 euros, increased by 375 according to article r 417-9.

Prove that the breakdown is a case of force majeure

However, in these times of fuel shortages, the rule can be relaxed.

The police can show "a form of tolerance", adds the specialized lawyer.

"The motorist can try to prove that it is all the same a case of force majeure, because he had entered the motorway to reach a new station, hoping to find gasoline there. . You have to succeed in proving that previous stations no longer delivered fuel", he still explains to TF1.

For this, one can obtain a certificate from a dry gas station, or show the police the fuel shortage on a smartphone application.

Different coverages offered by insurance

In the event of a fuel shortage, the motorist must call the breakdown service.

Since 2014, a decree from the Ministry of the Economy has set the amount of fees on motorways and expressways, as recalled by the specialized site Ornikar.

But the motorist is not certain of benefiting from a reimbursement within the framework of his insurance.

For this, as the Réassurez-moi site suggests, it depends on the car insurance formula.

If it is subscribed "to the third party", there is little chance that the breakdown service will be covered.

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As a general rule, only the "all risks" insurance formula includes coverage for this type of breakdown.

In other formulas, the breakdown recovery option is available "à la carte", and it can apply regardless of the location of the breakdown, or only those that occur more than 50 kilometers from the home of the motorist.

According to the site, about 8% of conductors break down each year.

A figure that could change in this context of shortage.