How to Contest a Traffic Fine in Belgium: Complete Legal Guide 2026

Understanding Traffic Fines in Belgium

Belgium operates a structured system for traffic violations governed primarily by the Loi relative à la police de la circulation routière (Law on road traffic policing) of 16 March 1968 and its implementing Royal Decrees. If you have received a traffic fine (procès-verbal), you are not obligated to accept it without question. Belgian law guarantees your right to contest any fine through a defined legal procedure.

Categories of Traffic Offences

Belgian traffic law classifies offences into four degrees of severity:

• 1st degree: Minor infractions (e.g., parking violations) — fixed fine of EUR 58
• 2nd degree: Offences that indirectly endanger safety (e.g., using a phone while driving) — fixed fine of EUR 116
• 3rd degree: Offences that directly endanger others (e.g., running a red light) — fixed fine of EUR 174
• 4th degree: Serious endangerment (e.g., overtaking at a pedestrian crossing) — fixed fine of EUR 473

These amounts are subject to legal surcharges (opdecimes/décimes additionnels), which currently multiply the base amount by 8, meaning the actual amounts paid are significantly higher than the base figures.

The Contestation Procedure Under Article 65

Under Article 65 of the Law of 16 March 1968, the registered owner of the vehicle is presumed responsible unless they can identify the actual driver. This is a critical point: if someone else was driving your vehicle, you must formally identify that person to shift liability.

When you receive a procès-verbal, you typically have two options:

• Pay the fine within the deadline indicated (usually 15 days for immediate perception, or as stated in the proposal for amicable settlement)
• Contest the fine by not paying and waiting for the Public Prosecutor (Procureur du Roi) to either drop the case or summon you before the Police Court (Tribunal de Police)

Step-by-Step: How to Contest

Follow these steps to properly contest a traffic fine in Belgium:

• Step 1: Do NOT pay the fine. Payment is considered acceptance of guilt.
• Step 2: Write a formal letter of contestation to the Parquet (Public Prosecutor's office) whose address appears on the fine. Send it by registered mail (lettre recommandée).
• Step 3: In your letter, clearly state the reference number, the facts you dispute, and your legal grounds (e.g., incorrect identification, defective signage, force majeure).
• Step 4: Gather evidence: photos of the location, witness statements, dashcam footage, proof of vehicle loan, or any documentation supporting your case.
• Step 5: If the Prosecutor decides to pursue, you will receive a summons to appear before the Police Tribunal. You may represent yourself or hire an attorney.

Valid Grounds for Contestation

Belgian courts have accepted the following grounds in traffic fine disputes:

• Identification error: You were not driving the vehicle (Art. 67bis of the Law of 16 March 1968)
• Procedural irregularity: The fine was not served within legal deadlines or lacks required information
• Defective or absent signage: The traffic sign was missing, obscured, or non-compliant with the Code de la route (Royal Decree of 1 December 1975)
• Force majeure: An unavoidable circumstance compelled the violation
• Radar calibration issues: Speed cameras must be certified and regularly calibrated under Royal Decree standards

Deadlines and Prescription

Traffic offences in Belgium are subject to a one-year prescription period (Art. 68 of the Law of 16 March 1968). If the Prosecutor does not act within one year of the offence, the case is time-barred. For more serious violations involving bodily harm, the prescription period extends to three years.

Costs and Risks

Contesting a fine is not without risk. If the Police Tribunal finds you guilty, you may face:

• A higher fine than the original amicable settlement
• Court costs (frais de justice)
• A possible driving ban for serious offences

However, if you have genuine grounds, contestation can result in acquittal or a reduced penalty.

How DroitAI Can Help

DroitAI's legal assistant can help you draft a contestation letter tailored to your specific situation, explain the fine scale that applies to your offence, and guide you through the proper legal channels. Our AI is trained on Belgian traffic law and can reference the specific articles relevant to your case.