Specific arrangements for fairground workers: travel permits and local authority

By Yasmine EDDAM17 April 2025

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Showmen are governed by a separate administrative regime from itinerant traders. Their status implies additional obligations linked to the fact that they have no fixed address.

The legal status of the fairground

One essential criterion defines a showman: the absence of a stable place of residence.

Legal definition

A showman is a person who has had no fixed abode or residence for more than six months in the European Union. This definition is set out in article L. 123-29 of the French Commercial Code.

The decree of 31 July 1970 specifies that this is a person without a principal place of business within the meaning of article 102 of the French Civil Code, which often implies that the company has a principal place of business within the meaning of article 102 of the French Civil Code.occupation of the public domain.

Distinction from itinerant traders

La difference is clear:

Itinerant merchant: has a fixed address
Forain: lives in a mobile home with no permanent geographical base

This distinction determines the applicable administrative obligations.

Impact of nationality

The legislation treats three categories differently:

French: subject to the fairground regime if homeless
EU nationals: treated in the same way as French nationals
Non-EU nationals: must hold a valid residence permit

Community nationals enjoy complete equality of treatment.

Choosing a commune to join

If you have no fixed address, you need to be attached to an administrative body.

Application procedure

The application is made when a travel document is issued and includes :

A motivated choice of a main municipality
Subsidiary choices in the same arrondissement
Order of preference of communes

The showman must submit his application to the prefect or sub-prefect.

Acceptance or refusal criteria

The prefect decides after consulting the mayor. He may refuse on the grounds of :

Serious reasons of public order
Exceeding the legal threshold for attached fairground vendors

The applicant's choice may not be rejected without a legitimate reason.

Legal threshold of 3% of the population

The law sets a maximum quota:

Maximum 3% of the municipal population
Threshold calculated according to the latest census
Possible overtime for family or professional reasons

The 1985 circular recommends that 5% should not be exceeded, even in the event of an exemption.

Duration and effects of the attachment

The connection produces specific legal effects.

Minimum duration of two years

The choice is binding for a minimum period of two years. This stability aims to :

Limiting opportunistic changes
Facilitating administrative follow-up
Guaranteeing a certain permanence

There are exceptions for serious reasons.

Early changeover options

Early changeover requires :

Serious grounds
The opinion of the director of health action or the labour inspector
The agreement of the Prefect

The request must be strictly substantiated.

Legal effects

The attachment has comparable effects to the domicile for :

The wedding ceremony
Registration on the electoral roll (after three years)
Tax obligations
Social security
Help for unemployed workers
National service

It is an essential administrative anchor.

The various travel documents

There are three titles depending on the situation of the showman.

Special traffic booklet

This title concerns :

Fairgoers engaged in itinerant activities
Their carers and attendants over the age of 16
Homeless persons engaged in a commercial activity for which the itinerant merchant's professional card is also required.

Employers must check that their employees have them.

Traffic booklet

It is designed for people who :

Living in mobile homes
Regularly employed
Have regular resources
The following are dependants of a person meeting these conditions

The 1985 circular mainly targeted "caravanners" and itinerant workers.

Traffic booklet

This title applies to :

Over 16 years of age
Mobile homes
Not fulfilling the conditions for other titles

It imposes stricter requirements, including a monthly visa.

Administrative management of securities

Securities require regular administrative follow-up.

Issue and renewal

Delivery involves :

Proof of identity and nationality
Submission of passport photos
Mention of the municipality
Specification of the activity carried out

It is valid for five years and can be renewed at the prefecture.

Validity and updating

The title must be stamped at variable intervals:

Passport: annual visa
Carnet de circulation: monthly visa

These visas are proof of regular administrative monitoring.

Loss or damage

In the event of loss or theft, the holder must :

Making a statement to the police
Request a duplicate by registered letter
Obtain a provisional certificate valid for four months

The procedure is designed to avoid indefinite traffic with provisional certificates.

Specific penalties

Failure to comply with these obligations may result in penalties.

No travel document

The absence of a permit is a fifth-class offence, punishable by a maximum fine of €1,500.

This offence relates to failure to possess the compulsory document.

Failure to obtain a visa

Failure to obtain a periodic visa carries the same penalty as failure to obtain a title.

This obligation ensures regular monitoring of travelling populations.

Inability to provide proof of title

Failure to produce a ticket when requested by the police is a fourth-class offence.

This offence is distinct from the actual absence of a title.

The status of fairground workers imposes specific administrative constraints. For a a comprehensive guide to the legal and administrative obligations of the itinerant trade and a tailored legal support to meet these obligations and defend your rights, our firm is at your disposal.