Mobile phone while driving in Belgium: fine, driving ban and defence

Reading a message at a red light or quickly dialling a number in a traffic jam: in the eyes of the law, that is using a mobile phone while driving. The on-the-spot fine was raised again on 1 July 2026, and anyone who is summoned to court also risks a driving ban. Below you will find exactly what is prohibited, what using a mobile phone while driving in Belgium can cost you and where the defence has room to manoeuvre.

Mobile phone while driving: what is prohibited?

Article 8.4 of the Highway Code (wegcode / code de la route) prohibits drivers from using, holding or handling a mobile electronic device with a screen, except when their vehicle is lawfully stopped or parked, or when the device is fixed to the vehicle in a holder designed for that purpose. This goes beyond the traditional mobile phone: tablets and laptops are also covered. The ban also applies when you are stationary at a red light or in a traffic jam, because you are still taking part in traffic. The Highway Code of 1975 remains in force until 1 June 2027, when it will be replaced by new traffic regulations.

What is allowed:

• hands-free calling, via the vehicle’s own system, a car kit or an earpiece;
• using a mobile phone or satnav fixed in a holder designed for that purpose, for example for navigation;
• using the device when your vehicle is lawfully stopped or parked in a place where this is permitted.

The ban applies to every driver, including cyclists. Even with a holder or a hands-free set, you must keep your attention on the road and your vehicle under control.

What does using a phone while driving cost?

The on-the-spot fine

Using a mobile phone while driving is classified as a serious third-degree offence. As a rule, the police offer an on-the-spot fine (onmiddellijke inning / perception immédiate), either at the roadside or afterwards. Since 1 July 2026 it amounts to €191 (previously €174), plus an administrative surcharge of €10.67. If you pay, the right to prosecute lapses, unless the public prosecutor’s office informs you within one month that it intends to prosecute you nonetheless (Article 65 of the Road Traffic Act, Wegverkeerswet / loi relative à la police de la circulation routière).

Before the police court

If you are summoned because you did not pay, because there was an accident or because you had been caught before, the judge of the police court (politierechtbank / tribunal de police) decides. For offences committed on or after 1 September 2026, a third-degree offence is punishable by a level 1 penalty under the new Criminal Code, without imprisonment. The Road Traffic Act states a fine of €240 to €4,000; with the surcharge multiplier (opdeciemen / décimes additionnels, a multiplication by 1.25), the actual amount is €300 to €5,000, plus court costs.

Within level 1, the judge may in principle also impose, instead of a fine, community service (werkstraf / peine de travail) of 20 to 120 hours, a probation sentence or a conviction by declaration of guilt. When setting the fine, the judge takes your financial capacity into account and, in a precarious situation, may go below the minimum (Article 52(2) of the Criminal Code). You can read more in our article on the new Criminal Code in traffic cases.

If you have been convicted before, this weighs on sentencing and increases the risk of a driving ban. For offences committed before 1 September 2026, the old rules continue to apply unless the new rules are more favourable (Article 2 of the Criminal Code). Under those old rules, a third-degree offence carried a fine of €240 to €4,000 for offences before 1 February 2026, and €300 to €5,000 for offences committed from 1 February to 31 August 2026 inclusive.

Do you risk a driving ban?

Yes. For a third-degree offence, the judge may impose a driving ban (verval van het recht tot sturen / déchéance du droit de conduire) of eight days to five years (Article 38 of the Road Traffic Act). It is not mandatory, but the public prosecutor more often asks for it in case of repeat offences or when there was an accident. Also read how you can avoid or limit a driving ban.

If you have held a category B driving licence for less than two years, a stricter regime applies. The judge must then in principle impose the ban and make the restoration of your right to drive conditional on passing at least the theory test or the practical test (Article 38(5)). More on our page about the reinstatement exams (herstelexamens / examens de réintégration).

If the phone use caused an accident with serious injuries or deaths, the case becomes a different matter altogether. The public prosecutor can then have your licence withdrawn immediately for 15 days, where the accident caused death or an infringement of physical integrity of the second or third degree (integriteitsaantasting / atteinte à l’intégrité) and is clearly due to a serious lack of foresight or caution (Article 55, § 1, 3° of the Road Traffic Act), and the police court can extend that withdrawal by up to three months (Article 55bis). Find out more in our article on the immediate withdrawal of a driving licence (onmiddellijke intrekking / retrait immédiat).

For offences committed on or after 1 September 2026, the accident itself is prosecuted as causing harm to physical integrity in traffic (Article 218 of the Criminal Code) or as causing death in traffic (Article 107 of the Criminal Code). For older offences, the former offences of unintentional injury and unintentional homicide still apply (Articles 418 to 420 of the old Criminal Code).

How is phone use detected?

Usually a police officer sees the use with the naked eye, from the roadside or from a vehicle. Sometimes the finding is also based on camera footage. The official police report (proces-verbaal / procès-verbal) has special evidential value until proven otherwise (Article 62 of the Road Traffic Act). It is therefore up to you to show that the finding is incorrect, and that only works with concrete evidence.

That special evidential value only applies if a copy of the report was sent to you in time: since 1 July 2026 within thirty days of the offence (or of the moment your identity or address could be established), and before that within fourteen days of the finding (Article 62). So always check when the offence was recorded and when the copy was sent.

Where does the defence have room to manoeuvre?

• What exactly did the officer see? “Phone in hand” is not the same as “the device was in the holder” or “the driver was holding another object”. A vague report, without distance, viewing angle or a description of the device, leaves room for doubt.
• Were you driving, or lawfully stopped? Someone who was properly parked did not breach the ban. Your statement, camera footage or a witness can make the difference.
• Who was driving? If the driver was not identified on the spot, the law presumes that the holder of the number plate was driving (Article 67bis of the Road Traffic Act). That presumption can be rebutted by any means. For vehicles registered in the name of a legal entity, there is a separate obligation to identify the driver (Article 67ter).
• The sentence. With a clean criminal record, suspension of the pronouncement or a suspended sentence (opschorting / uitstel), a fine close to the minimum and avoiding a driving ban are realistic goals. A suspended sentence is also possible for the driving ban itself (Article 65 of the Criminal Code), although at least eight days must actually be served (Article 41 of the Road Traffic Act). Community service requires your consent, which you can also give through your lawyer (Article 45 of the Criminal Code).
• Driving for work. If you drive for a living, you can ask for a ban to be served only at weekends and on public holidays, or to be limited to certain vehicle categories (Articles 38, § 2bis and 45 of the Road Traffic Act), unless the court imposes reinstatement tests. A driving ban that exempts work journeys does not exist in Belgium.

Consequences outside the courtroom

A conviction goes on your criminal record; a suspension of the pronouncement in principle does not appear on the extract an employer can request. If you drive for a living, as a courier, sales representative or chauffeur, a driving ban can also cost you your income. That is why it pays to prepare the sentencing debate with documents: an employer’s certificate, a travel schedule or proof that you have changed how you use your phone, for example with a holder or a car kit. How to have a conviction erased later is explained in our article on erasure and rehabilitation.

Frequently asked questions

How much is the fine for using a mobile phone while driving?

Since 1 July 2026 the on-the-spot fine is €191, plus the administrative surcharge of €10.67. If you are summoned for an offence committed on or after 1 September 2026, you risk a fine of €300 to €5,000 before the police court and a driving ban.

May I use my phone as a satnav?

Yes, provided the device is fixed in a holder and you do not take it in your hand. Preferably set the route before you leave, so that you do not need to operate anything while driving.

Does the ban also apply at a red light or in a traffic jam?

Yes. Anyone stopped at traffic lights or in a traffic jam is still taking part in traffic. Only when your vehicle is lawfully stopped or parked may you use the device.

What if I do not pay the on-the-spot fine?

The public prosecutor will then usually propose a settlement (minnelijke schikking / transaction) under Article 216bis of the Code of Criminal Procedure, or summon you to court. If you do not pay the settlement either, the Crown Prosecutor (procureur des Konings / procureur du Roi) can issue a payment order (bevel tot betalen / ordre de paiement), increased by 35 %. You can appeal against it to the police court within thirty days (Article 65/1 of the Road Traffic Act).

Do I have to attend the hearing in person?

Usually not: you may be represented by your lawyer, unless the court orders you to appear in person. Read more about appearing in person before the police court.

Novex Advocaten can help

Have you received a summons (dagvaarding / citation) or a settlement proposal for using a phone while driving? Send us the document and, if possible, the police report. We will tell you honestly whether contesting it makes sense and what is achievable before the Brussels police court or another police court.

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