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A lack of mobility solutions harmful to territories and citizens, an environmental and climate emergency calling for changes in behavior. These are the two challenges raised by the bill tabled on November 26, 2018 at the office of the French National Assembly, and which the national mobility policy is facing today. After just over a year in gestation, this draft text culminated in the publication in the Official Journal on December 26, 2019 of the Mobility Orientation Law, known as the LOM Law. This law amended a number of legal provisions from the Environment Code, the Transport Code, the Construction and Housing Code and the Energy Code.
The publication of the first application decree in the Journal Officiel on May 10 provides an opportunity to review some of the key measures introduced by the LOM law.
LOM Act and local authorities: redefining their missions
The LOM law has redefined the missions of the various authorities responsible for organizing and providing mobility services within their territory. Mobility organizing authorities - AOM - have seen their missions redefined.
The region now plays an important role in this area, and is the regional mobility organizing authority (AOMR). It organizes the joint action of the mobility organizing authorities "in its capacity as leader" (article L. 1215-1 of the Transport Code, introduced by the LOM law).
LOM Act and businesses: introduction of various measures
A number of measures introduced by the LOM law have had a direct impact on certain companies. Some of them are mentioned above.
The employer mobility plan
The LOM law replaced the introduction of company mobility plans with "employer mobility plans". As of January 1, 2021, urban travel plans drawn up by AOMs will be replaced by mobility plans.
Article L. 1214-8-2 of the French Transport Code now makes it compulsory for all companies to draw up an employer mobility plan:
- it employs more than 50 people and at least 50 of them are employed on the same site;
- it has at least one trade union delegate, with whom negotiations on professional equality between women and men must be held at least every four years, in accordance with Article L. 2242-1 of the French Labour Code (the frequency may be annual in accordance with Article L. 2242-13), notably covering measures to eliminate pay differentials, and quality of life at work;
- that no agreement on measures to improve employee mobility between their usual place of residence and their place of work has been reached as part of the above-mentioned negotiations on professional equality between men and women.
Consequently, whether or not companies are located within the perimeter of a mobility plan (formerly known as an urban travel plan) is irrelevant to the conditions for drawing up an employer mobility plan. Prior to the publication of the LOM law, it was compulsory for any company with at least 100 employees on the same site, located within the perimeter of an urban travel plan (PDU), to draw up a mobility plan (now replaced by the employer's mobility plan).
Under the terms of the LOM law, the employer's mobility plan must include provisions to support staff commuting to and from work, including, where applicable, the payment of expenses (sustainable mobility package, fuel costs). As in the past for mobility plans, the LOM law requires companies to forward employer mobility plans to the local AOM.
Sustainable mobility package
To encourage the use of bicycles and carpooling for commuting, the LOM law introduced the "sustainable mobility" package.
This optional scheme takes over from the "indemnité kilométrique vélo" (IKV) and the "indemnité forfaitaire covoiturage". It covers the cost of bicycle travel, carpooling and the use of other shared mobility services.
Under the LOM law, the introduction of this package must be discussed during the annual negotiations on gender equality and quality of life at work for companies employing at least 50 people on the same site. In the absence of an agreement, these expenses are covered by a unilateral decision taken by the employer, after consulting the social and economic committee.
These subsidies can be paid out in the form of a specific voucher, known as a "titre-mobilité", which guarantees traceability of payment: the first decree implementing the law defines the procedures for implementing this prepaid, dematerialized voucher.
The decree first specifies the "other shared mobility services" that can be covered by the sustainable mobility package.
which were mentioned in the LOM law. They are as follows:
- the rental or self-service provision of mopeds, motorcycles, bicycles, including those with electric assistance, and motorized or non-motorized personal mobility devices (e.g. scooters);
- des services d’auto-partage de véhicules à faibles émissions (émission de CO2 < 60 g/km).
Note: when the employer decides to reimburse all or part of the cost of commuting to and from work by means other than the private car, all employees must be eligible.
Payment is to take the form of a lump-sum allowance known as a "sustainable mobility package", provided that the employee provides the employer with proof of payment for each calendar year, or an attestation on his or her honor relating to the use of the "sustainable mobility package".
of one or more of the means of travel.
Greening vehicle fleets
Since the publication of the LOM law, companies managing a fleet of more than 100 light vehicles (with a total authorized laden weight (PTAC) less than or equal to 3.5 tons) have been subject to an obligation to green their fleets with low-emission vehicles (greenhouse gas emissions and atmospheric pollutants ≤ 60 g/km for carbon dioxide emissions).
Newly introduced with the following progressive objectives:
- 10% of fleet renewal from January 1, 2022;
- 20% from January 1, 2024 ;
- 35% from January 1, 2027 ;
- 50% from January 1, 2030.
When assessing the size of the fleet, the vehicles managed by all the Group's establishments located in France and by its subsidiaries headquartered in
located in France.
The LOM law imposes compliance with the above-mentioned obligation on vehicles designed and built for the transport of goods with a GVW of 2.6 tonnes or more (commercial vehicles) only from January 1, 2023.
Note: an implementing decree for this measure has yet to be published.
Parking lots: towards more charging stations
The table below summarizes the new obligations to equip company parking lots with charging stations for electric vehicles, and also with pre-equipment, introduced by the LOM law. Although only parking lots in non-residential buildings are mentioned here, parking lots in residential or mixed-use buildings are also covered by the new obligations introduced by the LOM law.
A major renovation is defined as one that represents a quarter of the building's value, excluding the cost of land.
Pre-equipping consists of equipping part of the parking spaces with conduits for the passage of electrical cables and the power and safety devices required for the subsequent installation of charging points for electric and rechargeable hybrid vehicles.