Traffic fine settlement in Belgium: pay or contest?

Not every traffic offence ends up before the police court (politierechtbank / tribunal de police). For most offences, the law offers a way out without a trial: you pay a sum and, as a rule, the right to prosecute lapses. That is often the wisest choice, but not always. This article explains how a traffic fine settlement in Belgium (minnelijke schikking / transaction pénale) works, what the consequences are and when you are better off not paying.

Three routes after an offence is recorded

1. Immediate payment (onmiddellijke inning / perception immédiate). For offences designated for this purpose by the King, an authorised police officer proposes a fixed amount, on the spot or by letter (Article 65 of the Road Traffic Act, Wegverkeerswet / loi relative à la police de la circulation routière). This requires your consent and is only possible where the offence has caused no damage to third parties. In some cases, a training course may also be proposed.
2. The settlement. If you do not pay the immediate payment, or if it was not possible, the public prosecution service may propose a settlement (Article 216bis of the Code of Criminal Procedure, Wetboek van strafvordering / Code d’instruction criminelle).
3. The summons. If the prosecutor’s office does not propose a settlement, or if you do not pay, it may summon you (dagvaarding / citation) to appear before the police court.

In traffic cases there is also the payment order (bevel tot betalen / ordre de paiement). If neither the immediate payment nor the settlement is paid, the public prosecutor (procureur des Konings / procureur du Roi) may send you a payment order. The amount is then that of the immediate payment, increased by 35%.

You must pay that amount within thirty days. If you disagree, you may lodge an appeal with the police court within the same thirty-day period (Article 65/1 of the Road Traffic Act). If you let that period expire without paying or appealing, the payment order becomes enforceable, without a judge ever having examined the case.

What is a traffic fine settlement in Belgium?

It is an offer from the public prosecutor to close the case in return for payment of a sum of money, within the period stated in the letter. If you pay on time, the right to prosecute lapses. There is no trial and no judgment.

If the offence caused damage to third parties, that damage must, as a rule, first be compensated, or you must acknowledge your liability. A settlement does not affect the rights of the victim. The same mechanism exists outside traffic cases: read more about settlements in other criminal cases.

What are the advantages of paying?

• No conviction. The settlement is not a criminal conviction and does not count as a previous conviction under the rules on repeat offending.
• No driving ban. A driving ban (verval van het recht tot sturen / déchéance du droit de conduire) is a penalty that only a judge can impose. The prosecutor’s office cannot impose one through a settlement. Note, however, that an immediate withdrawal of your driving licence (onmiddellijke intrekking / retrait immédiat, Article 55 of the Road Traffic Act) is a separate, temporary measure taken by the prosecutor’s office, independent of the settlement.
• No reinstatement tests. Reinstatement tests (herstelexamens / examens de réintégration) can likewise only be imposed by a judge, as a condition for recovering the right to drive after a ban.
• Predictability. You know the amount in advance. Before the court, the fine, together with the surcharge multiplier (opdeciemen / décimes additionnels) and the court costs, can be considerably higher.

When are you better off not paying?

By paying, you accept that the case is dealt with in this way. If you dispute the facts, you lose the chance to be proven right. So do not pay without thinking it over when:

• you were not the driver. If the driver was not identified on the spot, for example with a speed camera, the law presumes that the registered holder of the number plate committed the offence (Article 67bis of the Road Traffic Act). You can rebut that presumption by naming the driver or by showing that you were not driving;
• the recording is technically open to challenge, for example where the calibration or type approval of a speed camera has not been established, or where the photo does not clearly show the offence;
• there was a legal justification, such as a medical emergency or the need to avoid an imminent danger;
• the settlement has consequences beyond the criminal case, for example in a dispute over liability after an accident: if the victim brings the matter before the court, your payment counts as an irrebuttable presumption of fault (Article 216bis of the Code of Criminal Procedure).

Conversely, if you did commit the offence, you are usually well advised to pay on time. A summons can lead to a higher fine, court costs and a driving ban.

How do you pay correctly?

Use exactly the account number and the structured communication (gestructureerde mededeling / communication structurée) stated in the letter, and pay within the period indicated. A payment with an incorrect communication or without a reference is not automatically linked to your file. The prosecutor’s office then treats the case as unpaid and may still summon you.

Keep the proof of payment until you are certain that the file has been closed. If several offences were recorded, you will as a rule receive a separate letter for each one, with its own communication. Pay them separately, too.

When is no offer made?

For serious offences, the prosecutor’s office generally does not propose a settlement and issues a summons straight away. Think of high alcohol readings, drug driving, a hit-and-run (vluchtmisdrijf / délit de fuite), driving without a licence or without insurance, serious speeding, repeat offending or an accident with injuries.

In such cases, your defence is conducted before the judge, and preparation is decisive. Read what to do when you receive a summons to appear before the police court.

What do you risk before the police court since 1 September 2026?

For offences committed on or after 1 September 2026, the new Criminal Code (Strafwetboek / Code pénal) applies. Offences under the Road Traffic Act have since been classified by penalty level (strafniveau / niveau de peine). Speeding, for example, is an offence punishable by a level 1 penalty: the judge cannot impose a prison sentence, but can impose a fine, community service (werkstraf / peine de travail), a probation sentence or a conviction by declaration of guilt.

The fine for speeding ranges from EUR 100 to 5,000. Offences under the Highway Code (wegcode / code de la route) are also punishable by a level 1 penalty (Article 29 of the Road Traffic Act). For a first-degree offence the fine ranges from EUR 100 to 2,500, and for the fourth degree from EUR 400 to 5,000, with a mandatory driving ban. These are the actual amounts, surcharge multiplier included; court costs come on top.

For offences committed before 1 September 2026, the old penalties continue to apply, unless the new law is more lenient (Article 2 of the Criminal Code). You will find more details in our article on the new Criminal Code and traffic offences.

Company cars and lease cars

If the vehicle is registered in the name of a company, the letter is sent to the company. It must then, through the persons who represent it in law, disclose the identity of the driver within fifteen days of the request for information being sent (Article 67ter of the Road Traffic Act). If no answer is given, separate proceedings may follow (Article 29ter of the Road Traffic Act), which can prove far more expensive than the original offence: an offence punishable by a level 1 penalty, with a fine of EUR 2,000 to 40,000, surcharge multiplier included.

With a lease car, the leasing company usually first names the business that uses the car, which in turn must name the driver. The employee who was driving would also do well not to ignore the letter he or she receives afterwards.

Frequently asked questions

Can I pay in instalments?

Yes. Via Just-on-web (justonweb.be) you can request, for a settlement of up to 3,000 euros, a payment plan spread over no more than six months and free of interest; the plan is approved as soon as you pay the first instalment. Apply in good time, before the payment period expires. For a higher amount or another arrangement, send a reasoned request to the prosecutor’s office, with documents on your financial situation.

Is a settlement a conviction?

No. Once you have paid, the right to prosecute lapses, without any judgment. Nor does the settlement appear on the extract from the criminal record that an employer or a public authority may request.

I paid too late. What now?

The prosecutor’s office may then still summon you or send you a payment order. Notify the prosecutor’s office of the payment immediately, with proof of it and the case reference number (notitienummer / numéro de notice).

I never received the letter. What now?

It happens, for example after a move. A later summons or a payment order is then often the first thing you see. React immediately: an appeal against a payment order must be lodged within thirty days, and at the hearing your lawyer can explain why you did not pay earlier.

Novex Advocaten can assist you

Unsure whether to pay or contest? Send us the prosecutor’s letter and, if possible, the photos or the official police report (proces-verbaal / procès-verbal). We will give you honest advice promptly. Find out more about our approach on our page traffic lawyer in Brussels.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.