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FAQ |
FAQ
Traffic
Fluorescent jackets
In France it is obligatory to have a fluorescent jacket in each vehicle. Does this measure also apply to Belgian vehicles driving on French territory? |
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As of 1 February 2007 the Highway Code prescribes that it is compulsory for each driver in Belgium to wear a fluorescent safety jacket whenever he steps out of a broken-down vehicle on a highway or a national road in a place that is not a parking space, provided he disposes of such a jacket in his vehicle.
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I have a safety jacket in my vehicle. When am I to wear it? |
HThe Royal Decree of 7 January 2007, which entered into force on 1 February 2007, adds a new article 51.4 to the Royal Decree of 1 December 1975 (Highway Code).
This new article 51.4 mentions the following:
"On motorways and national roads, the driver of a broken-down vehicle which ended up on a location where stopping and parking are forbidden must wear a fluorescent safety jacket as soon as he leaves his vehicle.”
Consequently, the obligation to wear the fluorescent jacket only applies to the driver in case of an breakdown or accident as soon as he leaves his vehicle.
The fluorescent safety jacket is not liable to minimal technical specifications.
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Road accidents
Who is liable in case of an accident? |
We emphasize that the police are not allowed to pronounce upon the liability in case of an accident. The courts have the jurisdiction to make these decisions
The circumstances in which road accidents occur are complex and consist of a number of factors that have to be assessed by the public prosecution and by traffic experts of insurance companies based on the contents of the report and on the statements of the parties involved, or on the accident report filled in if no police service went to the scene of the accident. The persons involved are therefore supposed to await the investigation and the decision of the court.
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When you are involved in a collision with a police vehicle, who has to fill in the report? |
When you are involved in a collision with a police vehicle and you prefer that a report be filled in, it is the nearest police service on duty that is in charge.
Depending on the scene of the accident, the facts will be established by a team of the Local Police or the Federal Police. The public prosecution, assisted by experts, makes a final decision. |
Radar controls
Announcement of radar controls |
The Federal Police announce some radar controls for all main roads on Belgian territory. These controls are announced on the website per period of 7 days.
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Is it possible to be flashed on the front? |
The radar equipment used by the Federal Police can control both approaching traffic and traffic moving away. Therefore, they can choose to control the front of approaching vehicles, the back of vehicles moving away or both at the same time.
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What happens if two cars appear on the same photograph taken by a speed check camera? |
Certain unmanned radar devices function by means of sensors that are embedded in the traffic lanes. These devices are installed at junctions where controls are also carried out on vehicles jumping the lights. The facts on the photograph ensure a precise determination of the offending vehicle.
Outside the junctions, unmanned cameras can be adjusted in such way that they can perform speed checks in a specific zone only.
If any doubts arise, no report is produced.
If doubts arise when a camera registrated several vehicles, the public servant in charge is sometimes allowed to determine on the scene which vehicle committed the offence. If any doubts arise, no report is produced.
When the photograph is examined, a discriminator can be used to establish whether a vehicle committed an offence. |
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Can you be flashed in any weather condition? |
The radar device cannot be used in all weather conditions. This depends on the visibility in case of fog, rainfall or snow. |
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Orange flashing light
Am I allowed to install an orange flashing light on my vehicle in unsafe situations (e.g. an accident)? |
The use of an orange flashing light is strictly regulated by the Royal Decree of 15 March 1968 concerning the technical requirements for cars, trailers and their safety accessories.
Article 28 § 2.1°.c).5. stipulates as follows:
"Breakdown lorries and vehicles measuring more than 9.8 feet (three metres) in width must have one or two orange-yellow flashing lights that are installed in such way that they are visible from all directions. Vehicles specially designed for traffic assistance, vehicles used for the construction, maintenance, surveillance or control of the road network and the provisions on or underneath roads, vehicles used for refuse collection, slow vehicles for agricultural purposes, vehicles used for exceptional transport and accompanying vehicles, and army vehicles allocated by the Minister of Defense can have one or two orange-yellow flashing lights that are installed in such way that they are visible from all directions. In exceptional cases the Minister of Transport can authorize other vehicles to use one or two orange-yellow flashing lights.
Article 51.1. of the Highway Code stipulates the application possibilities of the orange-yellow flashing light. If your situation is not mentioned in this article, it is forbidden to use an orange flashing light.”
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Seized vehicles
Where can I find information on the sale of seized vehicles? |
HThe organ which is responsible for the management of seized goods is the Central Organ for Seizure and Confiscation (Centraal Orgaan voor de Inbeslagneming en de Verbeurdverklaring/COIV).
For more information on this subject, you can go to the website: www.confiscaid.be. |
Child’s seats
Child’s seats: new regulations |
As from 1 September 2006, the use of specially adapted child’s seats is obligatory in Belgium.
In order to transport children in a safe way in a car, a child protection system is always necessary which is adapted to the child’s weight and length. The safety belt itself only offers adequate protection for children taller than about 4.4 feet (1.35 m).
Visit www.bivv.be for more information. |
Car papers
Is it enough to keep a copy of your car papers in the vehicle? |
During a traffic check, you absolutely have to be able to show the original documents. Only these documents prove that you observe all regulations, which is NEVER the case with copies.
If you are unable to show the original papers, there is risk that this is reported as an offence AND that your vehicle is immobilized until the moment you present the original papers to the police service in charge of the checks!
If you happen to end up in a minor accident and the other party is not in the possession of the original documents of the driving license or the original insurance papers when the facts are established, we strongly recommend you to immediately telephone the police. The police will then check whether the driver is allowed to drive or whether the car is insured.
Certain drivers claim to use copies of car papers instead of the original papers to avoid the original papers being stolen. Commendable this motive may appear, the police advise drivers to have the original papers at the ready. To prevent them from being stolen, you can put them in a small briefcase and carry them with you. This is convenient, safe and legal. Another advice is to keep a copy of these papers at home, which helps you to take the necessary administrative steps to set things right in case of theft. |
Paid parking spaces for disabled persons
Do disabled persons always have to pay for an otherwise paid parking space? |
Whether disabled persons with a special card are obliged to pay for a parking space depends on the municipal fiscal regulation for the area where the parking ticket machines and parking meters are located.
Although many municipalities have chosen not to make card holders pay, this is not always the case.
As a result, we advise you to check the parking ticket machines and parking meters in the area to find out if you are exempt from the charge.
Two prescriptions are never applicable to disabled persons:
- the parking disc (replaced by the card) in the blue zones;
- the parking time restrictions (you can therefore add money to the parking ticket machine without having to move your vehicle, which another user is not allowed to do).
Check article 27 and 27bis of the Highway Code for more details. |
Statement of offence in another language
I have received a statement of offence for speeding.
I do not deny the offence, but the involved documents were not written in my mother tongue.
What do I have to do to receive them in the other language?
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Due to the regulations concerning the use of languages in administrative matters, the language used by the police to write the statement corresponds with the language of the region where the facts were established as far as Flanders or Wallonia are concerned (different system for the municipalities with facilities and for the Brussels Capital Region).
At this stage, NO translation is provided for. Only if the case is transmitted subsequently to court, a translation of the procedure can be addressed to the public prosecution (do not forget that the expenses will be charged to you!).
In such case we recommend you to ask assistance from someone who masters the other national language.
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Speed of class A mopeds
Is my son allowed to travel at 20 mph (33 km/h) on his class A moped? What will the police do when they stop him? |
It is quite possible that your son’s moped reaches 20 mph (33 km/h). Nevertheless, he is not allowed to travel at that speed according to article 2.17 of the Highway Code (Royal Decree 1 December 1975). A class A moped refers to any two- or three-wheeled vehicle equipped with an internal combustion engin with a cylinder smaller than or equal to 3 in³ (50 cm³) or an electrical engin, which, owing to its manifacturing and the engin power, cannot manage above 15.5 mph (25 km/h) on a horizontal road.
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BeAccompaniment of animals on public roads
GWe would like to know the exact rules of the Highway Code applicable to a pedestrian accompanying a draught animal. What position do we have to take on the streets (pavement, roadside, roadway side, etc.) when we are alone or in a group? |
According to article 2.13 of the general regulations on the Traffic Police, each person guiding or looking after draught animals, pack animals, mounts or cattle is a ‘driver’.
Each moving vehicle or train of vehicles must have a driver. This rule also applies to draught animals, pack animals, mounts or cattle, isolated or in a herd (article 8.1. Royal Decree 1 December 1975).
The minimum age required for drivers of non-yoked draught animals, pack animals, mounts or cattle is 14 (article 8.5. Royal Decree 1 December 1975).
Each driver must be capable of driving, must have the necessary physical requirements, the expertise and driving skills. He must be capable of carrying out all required manoeuvres at any time and permanently be in control of his vehicle or animals (art. 8.3 Royal Decree 1 December 1975).
The driver is not allowed to leave the vehicle he drives or the animals he accompanies or looks after without having taken the necessary precautions to avoid accidents and abuse by third parties (art 8.5 Royal Decree 1 December 1975).
Whenever there are roadways, these have to be used by the drivers. Roadways are the parts of the public road created for traffic of vehicles in general (art 9.1.1 Royal Decree 1 December 1975).
The drivers of non-yoked draught animals, pack animals, mounts or cattle can use the verges on the road level on the right of their driving direction outside of town centres, provided that they constitute no danger for other road users (art 9.1.3 Royal Decree 1 December 1975).
Drivers of animals cannot ride on motorways (art 21.1 Royal Decree 1 December 1975) nor on roads reserved for cars (art 22 Royal Decree 1 December 1975).
Between the close of day and daybreak as well as in every circumstance making it impossible to have a clear visibility up to a distance of 656 foot (200 m), the following lights are obligatory for hitched-up vehicles, handcarts, non-yoked draught animals, pack animals, mounts or cattle: a white or yellow light in the front and a red light in the back. This light can be produced by a single device placed or carried on the left-hand side (art 30.3.3 Royal Decree 1 December 1975).
The driver of draught animals, pack animals, mounts or cattle must be assisted by a sufficient number of companions, if need be (art 55.1 Royal Decree 1 December 1975).
The driver and the companions must continuously remain near the animals and must be able to control them and to prevent them from hindering traffic or causing an accident (art 55.2 Royal Decree 1 December 1975). |
Terms for sending a fine
BDo the police have to observe a legal term for sending a fine? I have been expecting a fine for months… |
There is indeed a (14 days’) term for police services, but this delay is not stipulated for the invalidity of the fine.
This fine then still contains informative information, which can inspire a judge when he forms an opinion.
The judge found this term unreasonable in some cases, all with considerable delays though, much longer than one month. It seems hazardous to us to speak of an unreasonable term in a case like the one you are describing. |
Validity of the Belgian driving license in France
I am travelling to France shortly, but I still have the old driving license. Do I have to request a new European driving license for this journey? If so, where do I have to ask for it? |
A Belgian citizen or a person who is registered in Belgium as a foreigner, staying in France for a short period with his own vehicle or renting a vehicle in France must be in the possession of a valid Belgian or European driving license. France recognizes the Belgian driving license.
Still, for practical reasons (linguistic issues), we advise you to obtain a valid European driving license if you wish to travel abroad. It can be obtained at the department for driving licenses of your municipal administration. |
Use of parking spaces for disabled persons
I am 8 months pregnant at present. Does my medical status of a pregnant woman give me the right to occupy parking spaces for disabled persons? |
Unfortunately, your pregnant condition does not entitle you to occupy a parking space for disabled persons. |
Number plates for trailers and lorries
Is it allowed to tow a trailer registered in Belgium with a vehicle registered in the Netherlands? |
It is indeed permitted to tow a trailer registered in Belgium with a lorry registered in the Netherlands.
Nevertheless, trailers with a maximally permitted mass over 1,652 pounds (750 kg) have to be registered separately in both Belgium and the Netherlands. |
Transporting a child on a motorcycle
Can I transport my five-year-old son on the back of a motorcycle or in a sidecar? |
To transport your child in accordance with the law, it is obliged to wear a helmet to size and the child’s feet have to rest on the footrests.
With regard to the sidecar, the Highway Code stipulates in article 35.1.2 that the driver and passengers of moving motor vehicles, in contrast to motor cars, have to tighten the safety belt where available. It is compulsory to wear a helmet. |
Purchase of a vehicle without papers
I would like to purchase a vehicle, but the owner does not have the car papers. Who is supposed to request these papers? |
The person who sells the vehicle is supposed to take the necessary steps so that his vehicle is in compliance with the law again and to request the papers needed.
A duplicate of the certificate of conformity must be requested in writing from the official importer or manufacturer if this person resides in Belgium. The letter must mention the make, the type, the date of manufacture and the chassis number of the vehicle.A certificate of the loss, filled in by the police, must be attached to the written request. This is a free document.
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About to buy a second-hand car
I am about to buy a second-hand car. How can I be certain that this vehicle was not stolen? |
Initially, you can check that the engraved chassis number corresponds to the number mentioned on the original logbook (compliance certificate and certificate of registration) and on the identification plates at other places of the vehicle.
If, for one or other reason, you have hesitations and especially if the salesman cannot present the official documents of the vehicle to you, it is preferable to ask your local police to check, on the basis of chassis number, that the vehicle was not stolen.
Link to the website of the Policy of safety and prevention of FPS Internal Affairs.
http://www.vps.fgov.be/document_news/news0122fr.pdf
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