INFORMATION QUESTIONS

FREQUENTLY ASKED QUESTIONS

  1. Have you received Pro-Justice?

When you commit a traffic offense, you will receive a copy of the report together with a reply form to be filled and returned within 14 days from the police. They can also send a proposal for immediate collection. If you do not receive a proposal for immediate collection or if the proposal has not been paid, the Public Prosecutor’s Office can send a proposal for a penal transaction. However, if you pay neither the proposal for immediate collection nor the settlement, it is very unlikely that you will be able to pay. Thus, you are most likely to be summoned before the Police Tribunal in the place of the offense. When you commit a serious traffic violation, you can be summoned immediately before the Police Tribunal without any proposal for immediate collection ortransaction.

Use of languages:

Due to the rules on the use of languages in administrative matters, the language in which this document is issued by the police in Belgium is that of the region in which the offense was committed. It is either Flanders or Wallonia.

For municipalities with facilities and the Brussels-Capital Region, it will generally be the verbalizing language. When you are filling the response form that was sent to you with the report, it is always preferable to indicate the language in which you wish to defend yourself.

  1. Are you summoned before the Police Tribunal

Have you been summoned to appear before the Police Tribunal for a breach of the Code of Criminal Procedure for road usage?

Such notification, which is delivered by a Judicial Officer is a certified copy of the deed, it is in principle delivered in person to the interested party. It is therefore advisable to consult a lawyer who specializes in this area without delay. You should also find out whether you have legal expenses insurance policy. If so, you have the right to choose a lawyer of your choice, who will be involved in the case. Charges are to be incurred by the insurance company.

  1. The Offenses

    • Excess speed:

The legislative framework for speed cameras is a matter of public policy and strict interpretation. This means that failure to comply with the legislation may result in the invalidity or at least the disappearance of the evidence resulting from the findings. The lawyer’s role will include verifying the identification, the proper functioning, and the reliability of the device used. The lack of validity of the radar used may indeed lead the Court of First Instance to declare the accused who in this case is the driver who is accused of speeding over the speed limit not guilty. The legislation makes a distinction between speeding offenses:

  • In built-up areas, on the outskirts of schools, in zones 30, in meeting areas in residential areas,and;
  • On the other roads.

 

Excess speed in built-up areas, on the outskirts of schools, in zones 30, in meeting and residential areas
Offense Sanctions
 

Excess       speed     ranging from 11 to 30km/h

  • An immediate payment of 53 € for the first 10 km / h +11 € for each additional km/h.
  • Excess speed from more than 20 km/h to 30 km/h maximum is punishable by an optional drivingdeprivationforaperiodrangingfrom8 days to 5 years. However, this deprivation is

 

mandatory for holders of a driver’s license for less than 2 years who will then have to retakethe

theoretical and/or practical exam.

Excess       speed of more than 30km/h
  • The sue to appear before the tribunal is obligatory. No proposal for immediate collection or transaction is allowed unless the driver is not domiciled or does not have a fixed residence in Belgium. The amount charged for immediate collection shall then be€300.
  • A fine ranging from 80,00 € to 4.000,00 €. Excluding costs and additional expenses.
  • Compulsory driving deprivation for a period ranging from 8 days to 5 years. In the case of repeated offense within 3 years, the amount of the fines is doubled.
  • The judge may refuse to declare the withdrawal of the right to drive provided that he or she shall expressly state the reasons for his or her decision. This option does not apply to the holder of a driving license for less than 2 years for which the return of the driving permit is also subject to the obligation to pass the theoretical exams again, and/or practical.

 

Excess speed on another road
Offense Sanctions
Excess speed ranging from 1 to 10 km/h An immediate collection of € 53 is charged.
Excess speed ranging from 11 to 40 km/h
  • An immediate payment of 53 € for the first 10 km/h possible+ 6 € for each additional km/h.
  • In the case of a summon, a fine ranging from 80,00 € to 4.000,00 € excluding costs and additional expenses is charged.
  • Speeding more than 30 km/h but less than40

 

km/h is punishable by an optional deprivation of the right to drive for a period ranging from 8 days to a maximum of 5 years.

  • Driver’s license holders for less than 2years must also retake the theoretical and/or practical examination.
Speeding

over 40 km / h

  • The summons is obligatory before the Tribunal.
  • The tribunal must impose a fine ranging from € 80.00 to € 4,000.00. This is excluding costs and additional expenses.
  • Compulsory deprivation of the right to drive for a period ranging from 8 days to a maximum of 5 years.
  • In the event of a repeated offense within 3 years, the amount of the fine is doubled.
  • Driver’s license holders for less than 2 years will have to retake the theoretical and/or practical exams.
Attention The judge has the option of refusing to declare the withdrawal of the right to drive. The decision shall be binding and shall state the reasons for which it was taken. This option does not apply to the holders of driving license for less than two years.

 

The section radars:

The special feature of section speed cameras is that they control the speed on a section of the road and not the speed of the driver at a fixed point as the conventional radar does. One camera is located at the beginning of the section and another at the end of the section, these cameras are used to calculate the average speed between these two points.

Speeding offenses and traffic accidents:

If a speeding offense causes an accident, the Tribunal may pronounce a much heavier sentence and apply higher rates. In the case of road injuries or victims, the

penalties become much heavier. In addition to a higher penalty for your speeding offense, you also risk conviction for unintentional assault and battery.

  • Running a red light
    • Ignoring a red light is considered a third-degree offense according to section 29, § 1, second paragraph of the law of 16 March 1968 on the police on road traffic. You risk a serious penalty, including a fine ranging from 50 euros and 300 euros (multiplied by additional decimas) as well as a possible deprivation of the right to drive a motor vehicle. Young drivers will be subject to a mandatory driving ban and will also have to retake the theoretical and/or practical and/or psychological examination. You can be summoned to appear before the Tribunal or receive immediate compensation, and will also be required to retake the theoretical and/or practical and/or psychological examination. Note that, in case of repeated offense within the year, the amount of the fines will be doubled. The prosecution policy for this offense differs according to the judicial district in which the offense has been committed.
  • Hit-and-run:

A hit-and-run offense is committed when a traffic accident occurs and you leave the scene of the accident so that the necessary findings cannot be made. Anyone who commits a hit-and-run therefore wants to evade useful findings after having been involved in an accident. Penalties for hit-and-run offenses are relatively heavy. These include the following;

  1. An accident with material damage only:

If the accident resulted only in property damage, you risk a prison sentence of at least 15 days up to six months and a fine ranging from of € 200 to € 2,000 (multiplied by 8 per the Additional Decimas Act) (Art. 33 § 1 Traffic Act 16.03.1968). You can also be sentenced to a driving ban ranging from 8 days to 5 years, and which can be increased in case of aggravating circumstances. Furthermore, holder of a driving license issued less than 2 years ago, deprivation from the right to drive is obligatory when they are convicted of a hit-and-run offense.

  1. An accident with material and physical damage:

If the accident also involves injuries and/or death, you risk imprisonment of at least 15 days up to two years and a fine ranging from € 400 to € 5,000 (multiplied by 8 per the Additional Decimas Act) You can also be sentenced to a driving ban ranging from 3 months to 5 years. it could be more or permanently. (Art. 33 § 2 Traffic Law 16.03.1968). A driver who has committed a hit-and-run after having caused a traffic accident with injury cases can only obtain a driver’s license which has been withdrawn after passing the theoretical, practical, and psychological test (article 38, § 3, paragraph 1 of the law of 16 March 1968).

What happens in the event of repeated offenses within 3 years of a previous conviction?

The guilty party is punishable by imprisonment for a period of one month to four years and a fine that ranges from €800 to €10,000 (a multiplied by 8 per the law on additional decimas) or just one of the penalties and a withdrawal of the right to driving a motor vehicle for at least three months and not more than five years or permanently. (Art.33 § 3 Traffic Law 16.03.1968).

  • Blood Alcohol Content
    • State of intoxication

Where you stopped by the police and were you intoxicated? What do you risk?

First of all, a state of intoxication is when the person concerned is under the influence of alcohol in such a way that he or she loses lasting control of his or her actions. Article 35 of the Road Traffic Act provides the following definition: A fine of € 200.00 to € 2000.00 and deprived of the right to drive a motor vehicle for a minimum of one month and a maximum of five years. The person who drives a vehicle or goes on driving lessons in a public place, while being intoxicated or in a similar state, particularly due to the use of drugs or medication to the extent that you are prosecuted and convicted of drunkenness, you also risk a fine rangingfrom 200 to € 2,000 (x additional decimes). You can also be sentenced to a drivingban for a period ranging from 8 days to 5 years with the obligation to retake the theoretical, practical, and psychological examination. Finally, the Tribunal is in a position to impose on you the use of an alcolock.

  • Alcoholic permeation

In contrast to intoxication, alcohol intoxication is measured by the following criteria scientific and objective. Alcohol intoxication results from the measurement of the level of alcohol per liter of air alveolar expired on the breath test or per liter of blood tested sanguine. Alcohol intoxication is punish able when;

  1. The breath test measures an alcohol concentration of at least 0.22mg/l
  2. The blood test reveals an alcohol concentration of at least 0.5gr/l

 

Rates Sanctions
0.09 to 0.22 mg/l PPA

or

0.2 to 0.5 g/l CAS

Offenses only for professional drivers

  • A 2 hours drivingban
  • A proposal for immediate collection of €105.00
  • Transaction of€150.00
  • A fine ranging from 200,00 € to 4000,00 € (excluding costs and extra charges)
0.22 to 0.35 mg/l PPA

Or

0.5 to 0.8 g/l CAS

  • A 3 hours driving ban
  • Immediate collection of €179.00
  • Transaction of €240.00
  • A summons to appear before the police court
  • In the event of a referral case, the judge may impose a fine ranging from €200.00 to €4.000,00 (excluding costs and additional expenses) and deprivation of the right to drive for a period ranging from 8 days to a maximum of 5 years.

Young drivers (license for less than 2 years) are immediately summoned before the Police Tribunal and will be subject to an evaluation of the right to drive. As such, they will have to retake the theoretical or practical test.

0.35 to 0.44 mg/l PPA

Or

  •  A 6 hours drivingban
  • Immediate collection of €420.00

 

0.8 to 1.0 g/l CAS
  • Transaction of€600.00
  • A summons to appear before the policecourt

In the event of a referral to court, the judge may impose a fine ranging from €1.600,00 to 16.000,00 (excluding costs and additional expenses) and deprived of the right to drive for a period ranging from 08 days to 5years.

Young drivers (license for less than 2 years) are immediately summoned before the Police Tribunal and will be subject to an evaluation of the right to drive. As such, they will have to retake the theoretical or practical

test.

Rates Sanctions
 

0.44 to 0.50 mg/l PPA

Or

1.0 to 1.2 g/l CAS

  • 6 hours driving ban
  • An immediate collection of €420.00
  • Transaction of€800.00
  • Summons to appear before the policecourt

In the event of a referral case, the judge may impose a fine ranging from € 1,600.00 to € 16.000,00 and withdrawal of the right to drive for a period ranging from 08 days to 5 years.

Young drivers (license for less than 2 years) are immediately summoned before the Police Tribunal and will be subject to an evaluation of the right to drive. As such, they will have to retake the theoretical or practical

test.

0.50 to 0.65 mg/l PPA

or

1.2 to 1.5 g/l CASE

  • 6 hours driving ban.
  • An immediate collection of€1.260,00
  • Summons to appear before the PoliceCourt

In the event of a referral case, the judge may impose a fine ranging from € 1,600.00 to €16.000,00 and a withdrawal of the right to drive for a period ranging from 08 days to 5 years.

Young drivers (license for less than 2 years) are immediately summoned before the Police Tribunal and will be subject to an evaluation of the right to drive. As such, they will have to retake the theoretical or practical test.

0.65 + mg/l AAE

 

or

1,5 g/l CAS +

  • An immediate withdrawal of the drivinglicense
  • Summons to appear before the police court

In the event of a referral case, the judge may impose a fine ranging from € 1,600.00 to €16.000,00 and a withdrawal of the right to drive for a period ranging from 08 days to 5 years.

Young drivers (license for less than 2 years) are immediately summoned before the Police Tribunal and will be subject to an evaluation of the right to drive. As such, they will have to retake the theoretical or practical test.

 

  1. Were you involved in a traffic accident? What can you do?

What can you do in the event of an accident?

When you are involved in an accident, you are often confused and don’t know what to do. In a situation like this, the steps to be taken immediately after the accident are crucial in demonstrating the liability of the third party, in this case, the driver for material and/or physical damage. These steps are as follows; in the event of an accident that caused only material damages, informing the police is not mandatory. However, in the event of a traffic accident with injuries, it is mandatory to contact the police. This is a legal obligation. Furthermore, Itis strongly advised in some situations such as alcoholic intoxication, missing car documents, or identity to call the police. Finally, if you are involved in an accident involving infrastructural damages within the city, you must call in the police to make customary findings. This is at the risk of being sued forhit-and-run.

Actions at the site of collision or accident:

Stop immediately and gather evidence. It is in everyone’s best interest to remain at the scene after the collision to complete all the necessary findings. These findings are a vital source of evidence. In the case of an accident causing only property damage, the road must be kept as clear as possible and as quickly as possible. Therefore, do not forget to record the circumstances and damages that occurred as a result of the accident.You can take pictures of the damages and make a precise sketch of the vehicle’s position. If witnesses are present at the accident site, don’t hesitate to ask for their contact details and a report of their version of the event. It is only after you’ve done all this that you are permitted to move out of the way. If you can’t move your vehicle, you should turn on the signals and place the safety triangle at the appropriatedistance.

Complete the accident report:

Always complete your accident report to be able to report the accident. The accident report is the reference document used by insurance companies for a traffic accident. It is also used to determine liability and to facilitate the settlement of a motor vehicle claim. The European accident report must be completed correctly and meticulously by you and the other party. this is done on the spot and in such a way as to ensure that you are not responsible for the accident. A copy will be given to each driver and cannot be modified. The value of this finding should not be overestimated. Both your vehicle’s insurer and that of the opposing party will use among other things this finding to judge the respective liability of the drivers. Then notify your broker or insurance company. In most cases, the damages are indeed settled out of court. The main task of the insurance company is to compensate for the damages incurred. An accident is often caused by inattention or error on the part of the drivers involved or other road users. Whoever is responsible for the accident, will ultimately be liable to compensate for the damages.

On the initiative and at the expense of the insurance company which has to compensate for the damage, experts are invited to perform a partial assessment.  For example, the automotive expert will estimate the material damage of the cars involved. The doctor will analyze the physical damage.

Amicable arrangement with the opposing party:

Attempt to settle:

Often your insurer will take the initiative and attempt to reach an agreement with the opposing party. In most cases, insurance companies will decide among themselves who is responsible for the accident and what damages are to be compensated. However, the decisions and position of insurance companies are not always in your best interests. Your insurer considers you to be responsible for the accident and you should not agree to that. In this case, you can appeal to the objectivity clause provided for in any legal protection insurance policy.

The “objectivity clause” is a mandatory provision in any legal expenses insurance that is designed to protect you when you disagree with the decision made by your insurer regarding the recovery of your compensation or the defense of your interest. The objectivity clause, which is present in all Legal Protection policies, provides that in the event of disagreement with your Legal Protection insurer, you have the right to consult your lawyer. If the lawyer confirms your point of view, the insurer is required, regardless of the outcome of the proceedings, to provide coverage, including the consultation fees. The lawyer may also confirm the legal protection insurer’s position and close up any intervention.

  1. Injured

Were you injured in a traffic accident? What can you claim?

Anyone who has been the victim of a traffic accident is entitled to compensationfor all the harm he or she has suffered. To obtain compensation, the damage incurred must be capable of being demonstrated and calculated. A judge cannot award compensation on his own accord if he has not been asked to do so. Specifically, the judge may, however, assess one or more elements of the damage on a lump sum basis, except for cases where there is no basis for him to determine otherwise the compensation due for the damages involved.

What can be compensated?

Medical expenses:

The victim has the right to be compensated for all medical expenses incurred as a result of the accident. These include medication, ambulance, hospital, doctor, physiotherapist, medication, and, displacement expenses.

Material damage: Disability and inability to work

The material damage consists essentially of the loss of income suffered by the victim. The victim must be put back in the situation that he or she would have been if the accident had not occurred. He is therefore justified in obtaining damages to compensate for the loss of income or increased efforts that she had to make to be able to accomplish her work when he resumes his activities.

Moral damage:

Moral damages are those that do not correspond to any property loss such as the non-material or cosmetic damage

Amicable or judicial expertise:

To determine the amount that can be awarded to you when you are injured, it will be necessary to conduct a medical examination. This assessment may take the form of an amicable medical assessment or a legal medical assessment. The purpose of these assessments is to determine your various injuries as accurately as possible and the impact of these on your personal and professionallife.

What is an amicable medical assessment?

The amicable medical assessment is the basis for an agreement, which willamicably describe the rules to be followed by the doctors who will examine you. There are advantages and disadvantages to this type of assessment. Although it is usually quicker and less expensive than a judicial assessment, it is important to know that the report of the final expert cannot be contested. The role of the lawyer will not be limited to verifying the clauses of the medical assessment agreement but also to advise you in choosing a medical specialist. The doctor and the lawyer working in collaboration will then be able to defend you during this assessment to determine yourharm.

What is a judicial medical assessment?

Within the framework of a judicial medical assessment, the mission of the medical expert is determined by the court. The court designates the doctor who will have to call you in for examination. The role of the specialized lawyer consists, among other things, of:

  • Intervening with the Police Tribunal to designate the medical specialist and to determine the mission statement.
  • Help in the choice of a doctor who will assist you
  • To ensure that the medical examination runs smoothly until it is
  1. The assistance of a lawyer

Have you committed a traffic violation or are you involved in a road accident? In either case, don’t pay your lawyer. You should make use of your Legal Protection Insurance policy. The vehicle you were driving at the time of the accident is most likely covered by a legal protection insurance policy. This means that your insurance company will cover the costs and fees of your lawyer. It is important to note that you have complete freedom to choose a counselor and do not agree if the insurer wants to appoint one of its usual lawyers. There are no charges if you call your counselor.

  1. Calculating my fine

Have you committed a traffic violation? Answer a few questions in the form below and you will obtain the most accurate estimate possible of the fine that will be imposed on you under the legislation in force to date.

  1. The Police Courts

The police courts are criminal courts with jurisdiction over offenses. The Police Tribunal also has jurisdiction in the case of offenses with aggravating circumstances as well as in the case of several specific offenses, including traffic offenses. When we want you to

appear before a police judge in a Police Tribunal, you will be sued and you will be informed in writing.

  • Ghent Police Tribunal
  • Police Tribunal of Turnhout
  • Hasselt Police Tribunal
  • Police Tribunal of Tongeren
  • Oudenaarde Police Tribunal
  • Leuven Police Tribunal
  • Brussels Police Tribunal
  • Antwerp Police Tribunal
  • Ypres Police Tribunal
  • Dendermonde Police Tribunal
  • Bering Police Tribunal
  • Genk Police Tribunal
  • Maaseik Police Tribunal
  • Police Tribunal of Sint-Truiden
  • Aalst Police Tribunal
  • Police Tribunal of St. Nicholas
  • Vith Police Tribunal
  • Eupen Police Tribunal
  • Charleroi Police Tribunal
  • Police Tribunal of Mons
  • Tournai Police Tribunal
  • Police Tribunal of Huy
  • Kortrijk Police Tribunal
  • Police Tribunal of Hal – Vilvoorde
  • Bruges Police Tribunal
  • Police Tribunal of Furnes
  • Mechelen Police Tribunal
  • Police Tribunal of Liège