CTSA – territorial commissions and the national commission of administrative sanctions

The territorial commissions and the national commission of the administrative sanctions
A goods, passenger or freight forwarder may be subject to criminal and administrative sanctions.
Courts have jurisdiction to issue penal sanctions and regional prefects to impose administrative sanctions against companies.
The role of territorial commissions of administrative sanctions (CTSA)
A territorial commission of administrative sanctions is placed with the prefect within each region.
It is composed of representatives of the State and the profession, employees and users of transport. It is chaired by a magistrate of the administrative order.
The regional prefect is obliged to refer the matter to the CTSA for an opinion before imposing an administrative sanction on transport companies or freight forwarders who have violated the rules to which they are subject.
Through its advisory role, the CTSA participates in the process of drafting the administrative decision that will ultimately be taken by the regional prefect.
The powers of the territorial commissions of administrative sanctions (CTSA)
The CTSA examines the situation of companies whose behavior is particularly infringement.
The territorial CTSA is the one placed with the prefect of the region where the company has its head office, or, for a company not having its head office in France, that placed with the prefect of the region in which its main establishment is located. entered in the register.
An unincorporated transport company may be presented to the CTSA in the region with the most violations, for example. The representative of the company or the person implicated is then summoned before the CTSA, where he can be assisted or represented.
At the end of the debates, the CTSA proposes administrative sanctions to the prefect of the region. It could be :
• the temporary or permanent withdrawal of all or part of the administrative titles for the transport of goods or persons (Community license and / or certified copies);
• immobilization of all or part of the vehicles;
• the temporary loss of professional good repute of the transport manager or
the transport company in the event of criminal convictions and major contraventions;
• the temporary ban on cabotage (up to one year) for an unincorporated road haulier who has committed serious offenses on the national territory;
• the temporary or definitive cancellation of the register for the freight forwarder when there are serious or repeated breaches.
In 2016, 51 companies were switched to CTSA. The following sanctions were pronounced:
• 1 definitive withdrawal of 8 certified copies of Community license
• 15 temporary withdrawals (23 inland transportation licenses and 153 community transportation licenses)
• 28 detention decisions concerning 132 vehicles • 7 cabotage bans
• 4 decisions to withdraw professional reputation.
The National Commission for Administrative Sanctions (CNSA)
Placed with the minister in charge of the transports, the CNSA is competent to formulate opinions on the hierarchical appeals formulated against the decisions of prefectural sanctions which were the object of the infringement companies.
It is composed of representatives of the State and the profession, employees and users of transport, a current or honorary member of the Council of State and a current or honorary member of the Court of Auditors , the latter respectively acting as chairman and vice-chairman of this body.
No CTSA-neutral company filed a class action appeal in 2016.

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