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A lack of mobility solutions detrimental to regions and citizens, and an environmental and climate emergency calling for behavioral change. These are two challenges raised during the bill submitted on November 26, 2018, to the National Assembly office, and which national mobility policy faces today. After more than a year in the making, this draft text led to the publication in the Official Journal on December 26, 2019, of the Mobility Orientation Act, known as the LOM Act. This Act amended a number of legal provisions stemming from the Environmental Code, the Transport Code, the Construction and Housing Code, and the Energy Code.
The publication of a first decree of application in the Official Journal on May 10th is an opportunity to revisit some of the flagship measures introduced by the LOM Act.
LOM Act and Local Authorities: Redefining Their Missions
The LOM Act redefined the missions of the various local authorities responsible for organizing and providing mobility services within their territory. The Mobility Organizing Authorities (AOMs) have had their missions redefined.
Furthermore, the region now plays a significant role in this area and constitutes the Regional Mobility Organizing Authority (AOMR). It organizes the joint action of mobility organizing authorities "as a lead entity" (Article L. 1215-1 of the Transport Code, introduced by the LOM Act).
LOM Act and Businesses: Introduction of Various Measures
Several measures implemented by the LOM Act have directly impacted certain businesses. Some of them are mentioned above.
The Employer Mobility Plan
The LOM Act replaced the implementation of mobility plans by businesses with "employer mobility plans." Urban travel plans developed by AOMs will, for their part, be replaced by mobility plans starting January 1, 2021.
Thus, Article L. 1214-8-2 of the Transport Code now makes the establishment of an employer mobility plan mandatory for any company when:
- it employs more than 50 employees and at least 50 of them are employed at the same site;
- that it has at least one trade union delegate with whom negotiations must be initiated at least every four years under Article L. 2242-1 of the Labor Code (the frequency can be annual under Article L. 2242-13) on professional equality between women and men, focusing in particular on measures aimed at eliminating pay gaps and improving quality of life at work;
- that no agreement concerning measures to improve employee mobility between their usual residence and their workplace has been reached within the framework of the aforementioned negotiation on professional equality between women and men.
Consequently, whether or not companies are within the scope of a mobility plan (formerly urban travel plan) is irrelevant to the conditions for developing an employer mobility plan. Before the LOM law was published, developing a mobility plan (now replaced by the employer mobility plan) was mandatory for any company with at least 100 employees at a single site, located within the scope of an urban travel plan (PDU).
Under the LOM law, the employer mobility plan must include provisions for supporting employee home-to-work commutes, particularly, where applicable, regarding the coverage of costs (sustainable mobility package, fuel costs). Similar to what was previously required for mobility plans, the LOM law mandates companies to submit their employer mobility plans to the territorially competent AOM.
The sustainable mobility package
To encourage the use of cycling and carpooling for home-to-work commutes, the LOM law introduced the "sustainable mobility package" scheme.
Optional, this scheme replaces the bicycle mileage allowance (IKV) and the carpooling flat-rate allowance. It thus covers cycling travel costs, carpooling, and the use of other shared mobility services.
The LOM law mandates that companies' implementation of this package must be discussed during the annual negotiation on professional equality between women and men and quality of life at work for companies employing at least 50 employees at the same site. In the absence of an agreement, the coverage of these costs is implemented by a unilateral decision of the employer, after consulting the social and economic committee.
These aids can be paid in the form of a specific voucher, called "mobility voucher," to ensure traceability of the coverage: the first implementing decree of the law defines the procedures for implementing this dematerialized and prepaid voucher.
This decree first specifies which "other shared mobility services" can be covered by the sustainable mobility package scheme
and which were mentioned by the LOM law. These include:
- the rental or self-service provision of mopeds, motorcycles, bicycles, including electric-assist bicycles, as well as motorized or non-motorized personal mobility devices (e.g., scooters);
- car-sharing services for low-emission vehicles (CO2 emissions < 60 g/km).
Note: When an employer decides to reimburse all or part of the costs related to home-to-work commutes made using alternatives to individual cars, all employees must be eligible to benefit.
The coverage must take the form of a flat-rate allowance called "sustainable mobility package," provided that the employee provides the employer, for each calendar year, with proof of payment or a sworn statement regarding the
effective use of one or more means of transport.
Greening vehicle fleets
Since the publication of the LOM law, companies managing a fleet of more than 100 light vehicles (with a gross vehicle weight (GVW) of 3.5 tonnes or less) are subject to an obligation to green their fleet by using low-emission vehicles (greenhouse gas and air pollutant emissions ≤ 60 g/km for carbon dioxide emissions).
This is newly introduced with the achievement of the following progressive targets:
- 10% of fleet renewal from January 1, 2022;
- 20% from January 1, 2024;
- 35% from January 1, 2027;
- 50% from January 1, 2030.
The fleet size assessment includes vehicles managed by all its establishments located in France and by its subsidiaries whose head office is
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 is still awaiting publication.
Parking lots: towards more charging point installations
The table below summarizes the new obligations for equipping company parking lots with electric vehicle charging stations, as well as for pre-equipment introduced by the LOM law. Although only parking lots of non-residential buildings are mentioned here, parking lots of residential or mixed-use buildings are also subject to new obligations stemming from the LOM law.
A major renovation is defined as a renovation whose cost represents one quarter of the building's value, excluding land costs.
Pre-equipment involves providing a portion of parking spaces with conduits for electrical cables and power supply and safety devices necessary for the subsequent installation of charging points for electric and plug-in hybrid vehicles.