Average speed checks and speed cameras: can you contest the measurement?

Can you contest an average speed camera fine or a speed camera ticket in Belgium? You can, but mere doubt is not enough. The official report (proces-verbaal) based on an approved and verified device is treated as proof until the contrary is proven. Those who succeed usually find a concrete error in the measurement, the device, the time limits or the identification of the driver.

How do average speed checks and speed cameras work?

A fixed speed camera (flitspaal) measures the speed at a single point and records the vehicle with a photo. It is an unmanned device: no police officer is present at the time of the measurement.

During a mobile check, a camera van, a radar or another measuring device is placed temporarily along the road. If an authorised officer is present, the law speaks of a manned automatic device.

An average speed check (trajectcontrole / radar-tronçon) works differently. Cameras with number plate recognition record your vehicle at the start and at the end of a section. The distance covered and the time elapsed give your average speed. According to the Court of Cassation, such a measurement shows that at some point on the section you were driving at least at that average speed.

What evidential value does the official report have?

Article 62 of the Road Traffic Act (Wegverkeerswet, WVW) gives the official report of a traffic offence special evidential value: it stands until the contrary is proven. The same applies to findings of manned devices and, for the offences designated by the King, of unmanned devices.

The consequence is significant. It is not for the public prosecutor to prove the measurement again; it is for you to provide conclusive evidence to the contrary. The Court of Cassation confirmed in 2025 that raising doubt is not sufficient and that the evidential value does not depend on producing a photo.

This special evidential value is, however, subject to conditions. A copy of the report must be sent in time: since 1 July 2026 within thirty days of the offence, previously within fourteen days. If it is sent late, the report loses its special evidential value and counts only as ordinary information. For an unmanned device, that period runs from the measurement itself, not from the day the officer draws up the report.

Type approval, verification and correction margin

Under Article 62 WVW, devices that carry out measurements must be approved or type-approved. The rules on approval, verification (ijking) and installation are laid down in the Royal Decree of 12 October 2010. A valid verification certificate on the date of the offence is therefore a first point to check.

Every measuring device has a maximum permissible error. For speeds from 30 to 100 km/h it is 6 km/h, above that 6%. The report therefore states a measured speed and a corrected speed. The court must base itself on the corrected speed.

That difference can be decisive. In a case where 93 km/h had been measured in a 50 km/h zone, the Court of Cassation in 2017 quashed a judgment that assumed an excess of 43 km/h. After correction, 87 km/h remained, or 37 km/h too fast, and that had consequences for the driving ban.

Which errors can support a defence?

• Late report. Check the date of the offence and the date on which the copy was sent.
• Device. If there is no valid approval or verification on the date of the measurement, its reliability is open to challenge.
• Correction. If the correction margin was not applied, or applied incorrectly, the excess has been overstated.
• Speed limit. Did the stated speed limit really apply at that place and time, for example in a roadworks zone or with variable signs? Simply disputing it is not enough: you need concrete evidence.
• Vehicle. A misread or forged number plate, or two vehicles in the same image, can undermine the identification.
• Driver. The law presumes that the holder of the number plate was driving (Article 67bis WVW), but that presumption is rebuttable. A legal person, such as a company, must disclose the driver within fifteen days of the request for information (Article 67ter WVW). Failing to reply is itself an offence.

With an average speed check, both measuring points deserve attention: the identification at the start and at the end, the time of each recording and the length of the section.

Immediate payment, settlement offer or payment order

For a minor speeding offence, the police usually propose an immediate payment (onmiddellijke inning / perception immédiate, Article 65 WVW). Beware: paying in time as a rule extinguishes the prosecution. After that, there is no longer any procedure in which you can contest the measurement.

Since 1 July 2026, the amounts of the immediate payment have been increased by 10%. For speeding, the Royal Decree of 19 April 2014 provides:

If you do not pay, the public prosecutor may propose a settlement offer (minnelijke schikking). If that also remains unpaid, a payment order (bevel tot betalen) from the Crown Prosecutor follows, increased by 35% (Article 65/1 WVW). You can appeal against it to the police court within thirty days of receipt. If you do not, the order becomes enforceable.

In the case of a serious excess or a dispute, a summons to the police court (politierechtbank / tribunal de police) follows. Only there is your defence on the measurement truly assessed. Some municipalities deal with limited excesses on 30 or 50 km/h roads through a municipal administrative sanction, with its own procedure.

What penalties do you face since 1 September 2026?

Since 1 September 2026, the new Criminal Code applies and penalties are expressed in penalty levels (strafniveaus). A speeding offence (Article 29, § 3 WVW) is a level 1 offence: no prison sentence, but a fine or another penalty of that level, such as community service (werkstraf). The court takes into account how many km/h too fast you were driving. The amounts below are the actual amounts, surcharges (opdeciemen) included.

Since 1 July 2026, the immediate payment amounts to €64 for a 1st degree offence, €128 for the 2nd degree and €191 for the 3rd degree. You can read more about the length and consequences of a driving ban in our article on driving disqualification. For offences committed before 1 September 2026, the old penalty regime continues to apply, unless the new law is more lenient (Article 2 of the Criminal Code).

What should you do?

1. Do not pay in haste. If you want to contest the measurement, do not pay the immediate payment: payment as a rule closes the case.
2. Write down the dates. Keep the envelope and note the date of the offence and the date of receipt. This is crucial for the time limit in Article 62 WVW.
3. Read the report carefully. Check the location, direction of travel, speed limit, measured and corrected speed, number plate and device.
4. Request the documents. Have the photos, the approval decision and the verification certificate of the device requested.
5. Respond to the request for information. If you were not driving yourself, identify the correct driver in time.
6. Watch every deadline. Against a payment order, you have only thirty days to lodge an appeal.

How Novex Advocaten can help

Our firm examines your report, requests the technical documents and assesses whether a defence stands a chance. If contesting makes no sense, we will tell you honestly and focus on the most lenient possible penalty, for example by limiting or avoiding a driving ban.

You will find more about our approach on our speeding offence lawyer page and on our general traffic law lawyer page. You can consult us in Dutch, French, English or Arabic. Before the police court, proceedings are conducted in Dutch or French.

As to costs, we agree on our fees clearly in advance. Your legal expenses insurance often covers them.