What are reinstatement examinations for the driving licence?
Were you ordered to forfeit the right to drive? If so, the court may require you to take one or more reinstatement examinations before you get your driving licence back. This is a drastic measure that can severely affect your daily life. In this article, Novex Advocaten explains the full procedure.
When are reinstatement examinations imposed?
The police court may pronounce disqualification from driving - and impose reinstatement examinations - in the following situations:
- Rijden onder invloed van alcohol bij recidive of bij zware intoxicatie (vanaf 1,2 g/l in het bloed, oftewel 0,50 mg/l uitgeademde lucht)
- Driving under the influence of drugs
- Severe recidivism for fourth-degree speeding violations
- Hit-and-run with bodily injury
- Other serious offences where the judge has doubts about driving fitness
The four reinstatement examinations: what does each involve?
1. Medical examination
A licensed physician assesses your physical fitness to drive: vision, responsiveness, neurological functioning. In case of past alcohol problems or drug abuse, your abstinence is also examined. Negative opinion → driving licence will not be returned.
2. Psychological examination
A licensed psychologist assesses your psychological driving fitness: impulse control, risk awareness, personality profile and any addiction issues. This examination may include several interviews.
3. Theoretical exam
You take a theory exam at a recognized exam centre (e.g., GOCA). The same exam as for a first driving licence application. You pass if 41/50 correct. In case of a bad score, you can retake it after a waiting period.
4. Practical examination
You retake the practical driving test at an accredited testing centre. The same driving test as for an initial application. This usually requires a few driving lessons in preparation.
Exactly what exams are imposed?
The court specifies which exams you must take. Not always all four. For alcohol problems, the medical and psychological exam are usually imposed. For improper driving habits (e.g., speeding), the theoretical and practical exams are more often imposed. Your lawyer may argue for the minimum package in the conclusions.
How long does the procedure take?
The procedure can take several months: waiting times for appointments at approved centres, time for lab results, retakes in case of failure. On average, the entire procedure takes 3 to 9 months.
What if you fail a reinstatement examination?
You can retake, but a waiting period applies. If the medical or psychological centre issues a final unfavourable opinion, you can challenge it through the appropriate administrative or judicial body. A lawyer can also assist you here.
Can the reinstatement examination requirement be challenged?
Yes. If the reinstatement examinations were imposed unfairly - because the facts were not sufficiently serious or because the judge acted procedurally incorrectly - an appeal can be filed. Novex Advocaten will analyse whether your judgment is contestable.
Novex Advocaten will guide you
Were you sentenced to reinstatement examinations? Novex Advocaten informs you of your rights, guides you legally through the procedure, and challenges wrongful convictions. We work for the police courts of Brussels, Halle, Leuven and Vilvoorde.
📞 0484 99 22 72 | 📧 asfour@novexadvocaten.be | Avenue Louise 379, 1050 Brussels
