The transaction is effected by the payment to the operator for whose benefit the security service is provided, of a fixed indemnity and, where applicable, the sum due in respect of the transport.
I. – This payment is made:
1 Either, when the offence is observed, into the hands of an agent mentioned in 4° or in 5° of I of Article L. 2241-1 of the Transport Code;
2 Or, within a period of three months from the discovery of the infringement, to the service of the operator mentioned in the first paragraph indicated in the settlement proposal; in the latter case, the amount of the costs of setting up the file shall be added to the sums due.
Failing immediate payment into their hands, the agent mentioned in 4° or 5° of I of Article L. 2241-1 of the Transport Code is authorised to collect the name and address of the offender; if necessary, they may request the assistance of an officer or agent of the judicial police.
The amount of the fixed indemnity and, where applicable, that of the costs of compiling the file are forfeited to the operator mentioned in the first paragraph.
II. – In the absence of immediate payment into their hands, the agents mentioned in 4° and 5° of I of Article L. 2241-1 of the Transport Code, if they have been approved by the public prosecutor and sworn in, are authorised to record the identity and address of the offender.
If the offender refuses or is unable to prove his identity, the officer mentioned in 4° or 5° of I of article L. 2241-1 of the Transport Code will immediately report the matter to any judicial police officer from the national police force or the national gendarmerie with territorial jurisdiction, who may then immediately order the officer to produce the offender. In the absence of such an order, the officer mentioned in 4° or 5° of I of article L. 2241-1 of the Transport Code may not detain the offender. When the judicial police officer mentioned in the present paragraph decides to carry out an identity check, under the conditions provided for in article 78-3, the period provided for in the third paragraph of this article runs from the time of the identity record.
The procedure provided for in the previous paragraph is terminated immediately if the offender proceeds to pay all the sums due under the transaction.
III. – The conditions for the application of II of this article are set by decree in the Conseil d’Etat. This decree shall in particular specify the conditions under which the agents mentioned in 4° and 5° of I of Article L. 2241-1 of the Transport Code must, at the expense of the entity to which the agent belongs, undergo specific training in order to be able to obtain the approval issued by the public prosecutor. It also defines the conditions under which the representative of the State approves the organisation that the entity to which the agent reports establishes for the purpose of ensuring the aforementioned controls and the procedures for coordination and transmission of information between the entity to which the agent reports and the national police or gendarmerie.
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