Tramway–Cyclist Collision: Priority of the Tramway

In a judgment of 30 November 2023, the Second Civil Chamber of the Court of Cassation held that a cyclist who collided with a tramway was at fault for failing to yield, as priority of passage belongs to the tramway.

Article R.422-3 I of the French Highway Code provides:

"Where a railway track is laid on a road or crosses it at grade, priority of passage belongs to vehicles normally operating on that track, with the exception of public transport vehicles required to follow, at all times, a route determined by one or more rails and circulating on the road surface, whose drivers must comply with mandatory signage and directions given by traffic officers."

The Court confirmed that this provision confers priority to tramways over cyclists.

Accordingly, a cyclist who enters a tramway track without yielding is at fault and may be held liable.