Everything you need to know about a driving ban in Belgium

When the police court imposes a driving ban, it does not take effect immediately. You are therefore still free to drive home after the hearing. The ban only becomes enforceable once the public prosecutor's office has formally notified you of the judgment. The disqualification from driving then takes effect on the fifth day after that notification. Saturdays, Sundays and public holidays are not counted. You therefore have four working days to surrender your driving licence, or any equivalent document, to the registry of the court that imposed the ban.

How do you surrender your driving licence?

You do not have to hand in your licence in person. You may appoint a third party, provided that person has:

• their identity card;
• the signed notification form;
• a written power of attorney.

You may also send your licence by registered mail to the registry of the competent court. In that case, always enclose a copy of the notification. Sending it by post is, of course, at your own risk.

Can you choose when the driving ban starts?

No. You cannot determine the start date of your driving ban yourself.

The public prosecutor's office is responsible for enforcing the sentence. When you receive the notification depends, among other things, on the prosecutor's workload and on the administrative processing of your file.

In practice, there is often a delay between the judgment and the actual enforcement of the ban. It is therefore wise to use this time to prepare for a temporary period without a licence, for example by arranging your commute, planning to use public transport or finding a safe place to park your vehicle.

What if you surrender your licence late?

If you fail to surrender your licence on time, the duration of the ban is automatically extended by the number of working days you are late.

In addition, you risk further criminal prosecution.

The four-working-day period starts to run as soon as you sign the notification form. If you fail to comply with it, you commit a separate offence under the Road Traffic Act.

Article 49/1 of the Road Traffic Act punishes late surrender of the licence with a level 1 penalty and a fine of €1,600 to €16,000. The fine is doubled for a repeat offence within three years.

How does a weekend driving ban work?

In some cases, the court may impose a driving ban that applies only on weekends and public holidays.

Here too, you must wait for the official notification from the public prosecutor's office. Once you receive it, you have four working days to surrender your licence to the registry of the competent court.

After surrendering it, you will receive a certificate that you can take to your local municipal administration to apply for a temporary driving licence.

This temporary licence allows you to keep driving on weekdays, but not on weekends or public holidays.

A weekend driving ban runs:

• from Friday 8:00 p.m. to Sunday 8:00 p.m.;
• from 8:00 p.m. on the eve of a public holiday until 8:00 p.m. on the holiday itself.

During these periods, you may not drive any motor vehicle.

Were you also ordered to take a reinstatement examination or test? What now?

In addition to a driving ban, the judge may attach one or more conditions to the reinstatement of your right to drive.

In that case, you will receive by post a list of approved institutions where you can take the required examination or test (medical, psychological, theoretical or practical). The choice of institution is yours.

If you have not made a choice within one month, the public prosecutor's office will designate an institution for you.

Once you have chosen, the institution will contact you to schedule an appointment. You can take the examination or test after paying the fees due.

Passing it is a necessary condition for getting your licence back once the ban has ended.

How do you get your driving licence back?

When you surrender your licence, you will normally be told the date on which the ban expires.

Once the ban has ended, you can return to the court registry during opening hours. If you have met all the conditions imposed, including passing any reinstatement examinations or tests, your licence will be returned to you.

Questions about a driving ban?

Have you been sentenced to a driving ban, or are you unsure about the practical consequences of a judgment by the police court or the criminal court? Our lawyers, who specialise in traffic law, will guide you through serving the ban, completing any reinstatement examinations and regaining your right to drive. Feel free to contact us for tailored legal advice.