Drivers have the right to refuse to pay money to the “Cardienne of the Roads”

Law No. 57.19 relating to the real estate regime of territorial communities prohibits the leasing of alleys and public streets. Despite this prohibition, Moroccan citizens who park their cars on public roads engage in daily altercations with the owners of the yellow vests who rely on the licenses of the communal councils to collect money from them, outside the law.

Muhammad Al-Moden, research professor at the Faculty of Legal, Economic and Social Sciences of Muhammadiyah, confirmed that the aforementioned law considers in its fourth article that the roads and their annexes are in the public domain of the territorial collectivities, provided that they are not classified within the public domain of the State, and are not alienable or leaseable in accordance with article V of the same law, which establishes that the public domain of the territorial communities cannot be alienated, seized or possessed by prescription, and cannot be the object of real property rights or any other right, especially the right of commercial lease and commercial asset.

In this context, the university professor stressed that local authorities cannot lease the margins of public roads or their dependencies, otherwise their conduct is illegal.

The same spokesman added: “If the rule of law is clear about it, then some dirty groups do not hesitate to take out a campaign book for the rental of parking lots, and consequently, the tenant is obliged to recover the tax rates while obtaining profits, and the owners of the yellow vests at that time only have to charge fees to the users of those stalls.

Al-Moden explained: “The rental process focuses on private property under the rental law. Therefore, the process was originally based on falsehood, since there is a legal impediment that prevents the territorial communities from leasing the public highway and its annexes as public property, such as when the territorial community enables a parking lot outside the public highway and on your private property. property, and the endowment of equipment that can be rented and charged fees to the beneficiaries and users of the vehicles.

When asked by Hespress about the possibility of exceptions within the law that allow communities to lease the public domain, the researcher said: “The exception in this case is the behavior of the head of the land community to authorize the temporary occupation of pathways. and its annexes and for the public domain of the communities in general without erecting a building in accordance with an organic decision made by the president. The foregoing will be published in the Official Gazette of the territorial communities. It also authorizes the temporary occupation of the public domain through the erection of a building by virtue of a decision by the head of the council of the territorial community, which will be taken after deliberation by his council.

Given that the purpose of the temporary occupation of the car parks is commercial, explained the speaker, the process requires the holding of a public auction, prior request for expression of interest when necessary; This is based on an opening offer and a price book, previously approved by the Council, but the application of the procedure to license the temporary occupation depends on the issuance of a joint decision by the Minister of the Interior and the Minister in Charge of Finance. specifying the modalities of carrying out the public auction, the model of the auction book and the composition of the commission in charge of carrying out the administrative expertise.

Muhammad Al-Moden concluded that “in light of the aforementioned copy of the law, the requirements of the honorable dahir issued on 22nd muharram 1369 (14th November 1949) regarding the granting of some licenses to occupy the domain municipal public, and in the absence of the joint regulatory decision between the Minister of the Interior and the Minister of Finance that defines the procedures In application of Law 57.19, the owners of yellow jackets do not have the right to deduct the compensation of the users of vehicles for parking their cars on public roads, even if they have obtained a license from the territorial authorities; Because this license is null and illegal.”