Driving licence at 17: who is responsible in the event of an accident?

Romain Rouillard / Photo credit: NICOLAS GUYONNET / HANS LUCAS / HANS LUCAS VIA AFP 16:53 p.m., June 21, 2023

Obtain the precious pink sesame while being a minor. An incongruity a few years ago but a reality in a few months. On Tuesday, Elisabeth Borne announced the lowering to 17 years of the minimum age required to pass the driving license. The aim is to facilitate the mobility of young people and their integration into the labour market. An initiative already in force in Germany, Ireland and Slovakia and that the Prime Minister intends to implement "from January 2024". However, this prospect raises a number of questions, starting with that relating to liability in the event of an accident.

Restrictions in the insurance contract?

For Patrice Bessone, a member of the National Road Safety Council, the answer is quite simple. "It's always the driver who is responsible, regardless of age. This is the basis of the law," he said. On the other hand, specific provisions may apply in the case of a minor driver. "We can imagine that the insurance contract will be much higher," notes the expert. For an insurer, a 17-year-old will be more likely to be involved in a road accident.

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In addition, insurance companies have the possibility to add obligations in the contract with the insured. This would imply certain restrictions for underage motorists. "They can ask, for example, that the car is not insured on weekends or after 22 p.m.," says Patrice Bessone.

The vehicle may be registered in the name of the minor driver

On the other hand, there is no need for the vehicle to be registered in the name of the legal guardian of the driver concerned. "The registration document can even belong to someone who does not have the permit. The registration document is a property right and some belong to people who are minors". In particular, young drivers who have opted for accompanied driving from the age of 16 and who, in fact, can obtain their driving licence before their 18th birthday.

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Nevertheless, Elisabeth Borne's announcement received a mixed reception from professionals in the sector. "We are the opposite of what needs to be done to halve the number of road deaths in 2030," said Jean-Yves Lamant, president of the League against Road Violence, referring to the goal set by the United Nations in December 2021. "It's really not a good idea, it's finally solving a problem with a new risk," added Anne Lavaud, director general of the association Road Prevention. For her part, the head of government promised to be particularly attentive to "the level required" to obtain the driving license, and took the opportunity to extend the aid of 500 euros paid to apprentices to finance it. From now on, the scheme will be open to students in vocational high schools.