Guide to French law for foreigners living in France or enjoying holidays in France

Whether you are enjoy regular holidays in France or are living in France on a permanent basis, you will want to keep on the right side of the law. Detailed information on France’s criminal, commercial and property laws can be obtained from a French lawyer (un avocat) or other legal specialist, but both new residents and visitors should be familiar with the most everyday French laws below.

Information on France’s alcohol and drug related laws

Under French law, young people can buy alcohol from the age of 16. Anyone who allows a minor to drink until they are drunk is committing an offence.

Driving under the influence of alcohol is a serious offence in France and the limit is set at 0.5mg/l (it is 0.8mg/l in the UK). If a driver’s blood level is somewhere between these two figures, he/she will be fined about €135 and receive six penalty points. Penalties escalate in line with the level of infringement of this French law. Courts can hand 10 year jail terms and fines of up to €150,000.

If you do not have a French driving licence but are living in France permanently and commit a motoring offence, you have to exchange your licence for a French one so that the penalty points can be registered. This does not apply to UK drivers on holiday in France.

Generally speaking, illegal drug use is lower in France than in the UK, but it is widespread in some communities. The possession of drugs, including soft drugs, is prohibited but in reality, this French law is rarely enforced.

Living in France – smoking is still de rigeur

A proposed ban on smoking in public places in France was defeated in 2005 but the French government is trying to find a compromise level of restriction to enforce from January 2007. If successful, its success may be limited. One-third of the French smoke, and it is probably the only country in Western Europe where smoking levels rose in 2006! So, although French law forbids smoking on most forms of public transportation and in offices, it may be some time before smoke-free bars and restaurants are commonplace.

Living in France – sex laws

The age of consent is 16 for both heterosexuals and homosexuals. Child sex and pornography is heavily punished.

French laws relating to prostitution are rather ambiguous. Prostitution itself is legal but open soliciting is not. Brothels are illegal but enforcement is rare.

Information on France’s marriage laws

Only heterosexual marriage is recognised under French law. A plan to to permit same-sex marriages was rejected in 2006.

However, French law provides common-law and same-sex partners with an option to register their relationship: the civil solidarity pact (pacte civil de solidarite). Known as PACS, it gives the couple access to some of the rights and benefits that married spouses enjoy. In the rather stuffy language of the contract, a PACS is for two people who want to ‘organise their life in common’ and to offer each other ‘mutual and material support’.

PACS partners are taxed jointly, are subject to lower inheritance taxes, and one partner can benefit from the social welfare cover of the other. Most importantly for a PACS couple living in France, the residency status of one partner automatically applies to the other. They are also jointly responsible for debts. The PACS can be concluded at the local Tribunal d’Instance” and the local city hall (mairie).

French laws of the road

The minimum legal age for a car driver is 18 years and all driving is on the right hand side of the road. It is illegal to drive with side lights; you must use headlights when visibility is low.

Motorcycles under 125cc can be driven from age 15. Over 125cc, the rider must be aged 18. Although motorcycle driver and passengers are required to wear crash helmets, this French law is widely ignored in rural areas. Motorbikes over 125cc have to use dipped headlights at all times.

All vehicles (whether driven by residents living in France or tourists on holidays in France) must carry at least one EU red warning triangle, and you always need to carry your driving licence, insurance documents, and vehicle registration documents, plus identification. Your passport will be sufficient if you are on holiday in France, but you must carry your carte de sejour if you are living in France. Spare bulbs and fuses, first-aid kits and fire extinguishers are recommended but are not obligatory under French law.

Fair weather speed limits are 130km/h on motorway, 110km/h on dual carriageways, 90km/h on roads outside built-up areas and 50km/h in town. Wet weather speed limits (which also apply in all weathers to drivers with less than two year’s driving experience) are 110km/h, 100km/h, 80km/h and 50km/h respectively. The Paris Ring Road (the Peripherique) has a permanent top speed of 80km/h.

Under French law, the use of seat belts is mandatory for all passengers, both front and rear. Children under 10 years of age are not allowed to sit in the front and must use a child seat if they weigh 9-15kg. Over that weight they can use seat belts and a booster cushion.

In built up areas, the rule of giving priority to traffic from the right (priorite a droite) still applies unless a yellow triangle indicates you have priority. This applies even in the case of a small side road entering a major main road. However, on roundabouts, you usually give right of way to traffic already on the roundabout ie on your left.

French law and UK law are similar when it comes to the use of mobile phones while driving. All mobiles, except handsfree, are banned.

Detailed information on France’s motoring rules can be found in the Code de la Route, the French highway code. If you are living in France permanently or take regular holidays in France, it is worth buying a copy and taking time to familiarise yourself with French road signs and other French laws for motorists.