Regulation of carpooling in Morocco

By virtue of Decree No. 2-10-314 of September 29, 2010 taken for the application of the provisions of Law No. 52-05 relating to the Highway Code, relating to professional driving, in its first article, drivers have an obligation to obtain a professional driver card only for type 3 and 4 vehicles:

“-for whose driving a category D or E driving license is required; -for whose driving a category C or E driving license is required; -used as first and second category taxis; -known as “large discount cars” assigned to tourist transport 3rd series, 4th category, referred to in article 1 (4th paragraph), of decree n° 2-63-363 of 17 rejeb 1383 (December 4, 1963) relating to the coordination of transport rail and road and article 1 of the order of the Minister of Public Works and Communications No. 50-73 of 20 hija 1392 (January 25, 1973) establishing the characteristics and conditions of development of vehicles assigned to tourist transport ; -called “special light tourist vehicles” assigned to tourist transport 3rd series, 4th category, referred to in article 1, 4th paragraph, of decree no. 2-63-363 and in article 1 of decree no. 50-73 mentioned above . This obligation concerns all drivers of these vehicles, employees or self-employed, full-time or part-time, urban or interurban transport, transport on their own account or on behalf of others. »

Carpooling excludes the transport of passengers in an indivisible manner. Each carpooling driver indicates the number of available spaces that can be used by one or more people without the possibility of indivisibility.

Thus, the aforementioned provisions of Decree No. 2-10-314 of September 29, 2010 to carpooling users who are not required to obtain a professional card.

To summarize, carpooling is permitted as long as a driver previously intended to travel for personal reasons and he or she covers their driving costs.

On a Casablanca > Fez journey, the average distance being 300 km, the driver can collect a maximum of 300Dh from his passengers.

Carpooling law in France

The law of August 17, 2015 relating to the energy transition for green growth ( TECV ) defines carpooling (article L. 3132-1 of the Transport Code): the joint use of a motorized land vehicle by a driver and one or more passengers, carried out without payment, except for sharing costs, as part of a trip that the driver makes on his own account.

Law No. 2014-58 of January 27, 2014 on the modernization of territorial public action and the affirmation of metropolises ( MAPTAM ) establishes the transformation of urban transport organizing authorities ( AOTU ) into mobility organizing authorities ( AOM ) and the extension of their skills to the field of shared uses of automobiles (notably carpooling) and active modes.

Article 52 of the MATPAM law gives, for the first time, a definition of carpooling. This definition was clarified within the framework of the law of August 17, 2015 relating to the energy transition for green growth ( TECV ).

The two essential criteria retained concern the authorized financial flows and the reason for the driver's trip. If the two related conditions are not met, it is not carpooling but probably a professional activity, which falls under the specific legal framework of public passenger transport.

They are limited to sharing costs: fuel, possible tolls and the platform's commission if passengers and drivers have been put in contact.

Cost sharing is not subject to VAT, does not constitute income and the driver does not contribute.

If these conditions are not respected, it is likely a professional activity. The driver then faces criminal prosecution.

Insurance and assistance

The owner of a vehicle must take out at least civil liability insurance . This guarantee covers damage that may be caused to third parties during a disaster. Thus, the carpooling passenger is guaranteed by this compulsory insurance.

Before handing over the wheel to one of his passengers, the driver must check that his contract does not include an exclusive driving clause. Indeed, this may provide that certain contract guarantees are only granted if the vehicle is driven exclusively by the named driver.

Passengers are considered third parties, be careful to transport them in sufficient safety conditions. For example, be sure to respect the maximum number of places indicated on the registration document. Failing these precautions, they will not be compensated in the event of a problem.

You must not carpool illegally, i.e. for financial gain .

If the fees collected are higher than those corresponding to transport costs , this is a commercial activity which requires the subscription of professional liability insurance.

Pip Pip Yalah, as the main player in carpooling in Morocco, can help you take out insurance for all occupants of the vehicle who use their service. This insurance supplements the driver's insurance by reimbursing the amount of the excess possibly provided for in their car insurance contract, in the event of a steering wheel loan. It also offers assistance guarantees including vehicle support, or even transportation and/or accommodation in the event of a disabling problem.

If the driver has the most responsibilities, the passenger also has a role to play in car safety: ensuring that the driver is in the best conditions to make the journey!

Initiatives to protect the environment and fight climate change

Several measures have been taken by governments in several countries intended to promote carpooling, for its ecological advantages:

It encourages large companies and communities to use this means of transport via the development of carpooling areas by companies with at least 250 employees and communities, and mobility plans, also called travel plans. companies, the preparation of which is mandatory from January 1, 2018 in companies with more than 100 workers;

it requires mobility organizing authorities to establish a development plan for carpooling areas;

motorway concession companies must commit to the creation or development of carpooling spaces within or in the immediate vicinity of the public motorway area, and charge differentiated rates in their subscriptions for vehicles used in carpooling;

on motorways and national roads comprising two carriageways of at least three lanes separated by a central reservation and crossing or leading towards a metropolis, one lane may be reserved, depending on the opportunity, for public transport, coaches, carpooling , car sharing, very low emission vehicles and carpooling.

the employer can decide to set up a connection service internally or with other companies close to the site, the establishment of places reserved for “carpoolers”, the creation of a breakdown service in the event of exceptional unavailability of a driver, the provision of a carpooling check…

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