Disputing traffic fines in Belgium can be a frustrating and stressful experience. However, it is essential to know that you have the right to contest this fine if you believe it was issued unfairly.
In this article, we explain the types, reasons, procedures, and steps to take when disputing traffic fines in Belgium.
Reasons to contest a traffic violation
Several reasons may justify disputing traffic fines, including:
- Identification error: The identified vehicle may not be yours, or you may not have been driving at the time of the violation.
- Procedural errors: A fine must comply with certain legal formalities to be valid. You can contest mistakes in the procedure, such as a poorly drafted or late report, as valid reasons.
- Doubts about the evidence: The absence of clear evidence, such as photos or videos, or inaccurate information can serve as a basis for contesting the fines.
The initial report
The police officer who witnessed the violation prepares the initial report and must send a copy to indicate that a violation occurred.
If the driver was not stopped at the time, the registered owner of the vehicle receives this copy. The main goal of this notification is to allow the owner to recall whether they were indeed driving at the time of the violation. The law requires that this copy be sent within fourteen days from the date the violation was recorded.
The immediate payment (PI) for offense fees
They attach this to the copy of the initial report. It is a payment proposal from the authorities to avoid prosecution. It applies to minor violations and allows quick payment without going to court. However, paying is equivalent to admitting the violation.
If you believe the PI is unjustified, you can contest it. The Public Prosecutor will then receive the case and may drop the charges or summon you to the Police Court. Immediate payment amounts in Belgium are:
- 55 EUR for first-degree violations (e.g., ignoring a no-parking sign).
- 110 EUR for second-degree violations (e.g., using a mobile phone while driving).
- 165 EUR for third-degree violations (e.g., children not wearing seat belts).
- 330 EUR for fourth-degree violations (e.g., inciting excessive speeding).
Payment order and possible appeals for traffic violations
If you have not settled the immediate payment or the transaction proposal, the Public Prosecutor will send you a payment order. They will send this document by registered mail or judicial letter. The indicated amount includes the transaction proposal increased by 35%. Additionally, in some cases, they add a 200 EUR contribution to the fund for victims of violent acts.
Upon receiving the payment order, you have 30 days to act. It is important to act quickly, as no reminders will be sent. Your options are to pay the amount due or to file a motivated appeal with the Police Court.
You must submit the appeal as a formal request, file it with the clerk of the competent Police Court, and justify it well. After filing the request, you will receive a summons to appear at the hearing.
However, if you do not file an appeal within the deadline, the amount becomes a tax debt. Ultimately, the SPF Finance may proceed with its recovery.
Services traffic rights
Disputing traffic fines in Belgium requires thorough knowledge of the Highway Code and judicial procedures. At Arthur & Marin, our team of specialized lawyers assists you in:
- Analyzing the validity of the fine and identifying procedural errors;
- Drafting and sending the dispute;
- Representing you before the Police Court;
- Minimizing the consequences of the fine, penalties, or finding alternative solutions.
Contact us at info@arthurmarin.com or +32 465 345 345 for a consultation and discover how we can help you successfully contest your fines.
For more information on road accidents in Belgium, check out our guide.
