French driving rules: what is ‘right of way abuse’?

Drivers in France should be aware of rules surrounding priority at intersections and roundabouts and ensure they do not fall foul of the French Code de la route driving rules.

Priority/right of way rights are often crucial when driving cases come before judges.  

However, drivers should also be aware that rules surrounding ‘abuse of priority’ exist. These can lead to penalties for those who do not drive in a manner that recognises that safety always comes first.

Below, we look at the rules around abus de priorité and its potential consequences.

Drivers must act carefully in all conditions 

The default rule for driving in France is that priority is given to the right (priorité à droite) at intersections. 

Several road signs help clarify these rules in certain situations, but in general this usually applies. One exception is at many roundabouts of the type known officially as carrefours giratoires where the priority is to people on the roundabout.

However, article R415-1 of the Code de la Route says “any driver approaching an intersection must check that the roadway they are about to cross is clear and drive at a moderate speed if visibility is less than ideal.”

Failure to respect this rule this can result in a €375 fine. It may also mean that the driver will be considered at fault in the case of an accident involving another vehicle, or at least to share the fault, even if they technically had the priority.

Essentially drivers have a duty of care to others and can be penalised if they misuse their priority rights in a way that is unreasonable to other drivers.

When applied to road rules in France, it means that drivers in all circumstances are expected to adapt their driving based on the current conditions.

For example, a person with the ‘right of way’ at an intersection should not simply continue into the intersection at speed, even though they have the priority to do so, if it is not prudent due to the traffic conditions.