Takata Airbags: What are the risks if I continue to drive my Citroën, despite the grounding decreed by the Minister?

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Takata Airbags: What are the risks if I continue to drive my Citroën, despite the grounding decreed by the Minister?

Takata Airbags: What are the risks if I continue to drive my Citroën, despite the grounding decreed by the Minister?

Following another death linked to a Takata airbag explosion in Reims, the government is requesting the immobilization of all Citroën C3s and DS3s affected by the recall. Le Figaro takes stock of the legal implications of this immobilization.

A new episode in the Takata Airbag series. On June 11th in Reims, a driver lost her life when the airbag in her 2014 Citroën C3 exploded. The tragedy was so serious that Transport Minister Philippe Tabarot told AFP on June 17th that he had summoned Citroën executives and requested a "stop drive" measure, meaning immobilization, for " all C3s and DS3s subject to a recall."

Some 236,900 Citroën C3 and DS3 owners in northern France were already advised in mid-February to stop driving while their airbags were replaced. This was due to the weather conditions in this region that are conducive to accidental deployment of airbags .

Since then, of the more than 690,000 Citroën C3s and DS3s equipped with these faulty airbags, 481,000 have been treated, Stellantis announced Tuesday, representing 69.7% of the affected vehicles. For the remaining 209,000 vehicles, there's no longer any risk to take after the June 11 tragedy, with the Stop Drive procedure having just been activated. But what do these drivers actually risk if they continue driving?

Let's be clear: you're risking your life, above all. The flaw in Takata airbags is well documented: the propellant inside the airbag degrades over time, with humidity, and heat. If triggered, the airbag can explode violently and project metal fragments into the passenger compartment, causing serious or even fatal injuries.

From a legal perspective, no Highway Code text provides for a penalty for a driver who continues to drive a vehicle marked with a "stop drive" sign. There are therefore no fines, points deductions, or specific prosecutions for this reason alone, two lawyers specializing in road traffic law, Sébastien Dufour and Rémy Josseaume, confirmed to Les Figaro.

However, the theoretical risk is greater on the insurance side: in the event of an accident involving the deployment of the airbag, the insurer could refuse to compensate the driver or their passengers, on the grounds that the owner knowingly ignored an essential safety measure. Even then, the vehicle defect that caused the stop-drive (the Takata Airbag) would have to have played a role in the accident in question.

The situation could have changed if the authorities had decided to carry out a widespread withdrawal of registration certificates for the affected Citroën C3s and DS3s. Such a withdrawal would have the effect of legally prohibiting the circulation of these vehicles: any driver caught behind the wheel would then risk a Class 5 fine of up to €1,500, immediate immobilization of the vehicle, and criminal penalties for driving an unauthorized vehicle.

In this case, the insurer could easily claim the insurance contract was invalid... But when contacted, the office of the Minister of Transport confirmed that it was the stop drive that was at work and not the withdrawal of registration certificates.

lefigaro

lefigaro

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