Fine with a company car or someone else's car: must you identify the driver?

Have you received an official report or a fine for an offence committed with a company car, a leased car or a car registered in your name but driven by someone else? In most cases, you must then identify the driver. Anyone who fails to do so, or does so too late, faces a fine and prosecution: since 1 September 2026, a company risks a fine of up to 40,000 euros, and double that for a repeat offence.

The presumption: the registration plate holder is the driver

If an offence is committed with a motor vehicle registered in the name of a natural person and the driver was not identified on the spot, for example by a speed camera or an average speed check, Article 67bis of the Road Traffic Act (Wegverkeerswet) applies. The law then presumes that the holder of the registration plate committed the offence.

That presumption is rebuttable. You may prove by any means that you were not driving at the time, for example with work rotas, travel documents or witness statements. The Court of Cassation (Hof van Cassatie) holds that this is precisely why the presumption is compatible with the presumption of innocence under Article 6.2 ECHR.

If you rebut the presumption, you are required to disclose the identity of the actual driver. Only someone who can prove theft, fraud or force majeure escapes that obligation. If you do not rebut the presumption, the offence is attributed to you, with all the consequences that follow: from a speeding fine to a possible driving ban (rijverbod).

Company cars, leasing and companies: Article 67ter

If the vehicle is registered in the name of a legal person, such as a BV, an NV, a non-profit association or a leasing company, Article 67ter of the Road Traffic Act applies. Here the law does not use a presumption but an express duty to disclose. The legal person, or the natural person who legally represents it, such as the managing director, must disclose the identity of the actual driver at the time of the offence.

If the company does not know who was driving, it must disclose the identity of the person responsible for the vehicle. If that responsible person was not the driver either, he or she must in turn identify the driver. Here too, the only exceptions are proven theft, fraud or force majeure.

With leasing, the vehicle is often registered in the name of the leasing company. It will then usually name your business as responsible for the vehicle, after which your business must identify the driver. If the legal person has registered a usual driver in the Crossroads Bank for Vehicles (Kruispuntbank van de Voertuigen), that driver is treated as the plate holder and the presumption of Article 67bis applies to him or her.

The law also requires the legal person to take the necessary measures to be able to comply with this duty. According to the Court of Cassation, a business must be able to answer even when the request is made long after the offence. A missing trip log is therefore no excuse.

Within what time limit must you identify the driver?

• Company (Article 67ter). The disclosure must be made within 15 days of the date on which the request for information (vraag om inlichtingen) was sent, so not from the date of receipt.
• Private individual (Article 67bis). The identity of the driver must be disclosed within 15 days of the day on which the plate holder can prove that he or she was not the driver.

The request for information is not subject to any formal requirements. It is usually attached in writing to the official report, to the invitation to pay an on-the-spot fine (onmiddellijke inning) or to a settlement proposal (minnelijke schikking), but it may also be made orally. According to the Court of Cassation, it is sufficient that it clearly states the vehicle, the time and the place of the offence.

The public prosecutor may not, however, simply prove that the letter was sent. The court must be able to reasonably accept that you actually received the request, or that non-receipt was due to your own negligence. A court that places the entire burden of proving the contrary on you disregards the presumption of innocence.

What penalty do you face since 1 September 2026?

Failing to disclose the driver is a separate offence, punishable under Article 29ter of the Road Traffic Act. Since the new Criminal Code entered into force, these penalties are expressed as penalty levels (strafniveaus). The law states base amounts; with the surcharge multiplier (opdeciemen, × 1.25), the amounts actually payable are higher.

In addition, in both cases the court may impose a disqualification from driving (verval van het recht tot sturen) of 8 days to 5 years (Article 38, § 1, 1°, of the Road Traffic Act). This is an optional penalty: the court decides whether to impose it.

This offence is separate from the original traffic offence. The Court of Cassation accepts that a person convicted of the offence itself may also be prosecuted because the requested information was not provided. For offences committed before 1 September 2026, the old penalties still apply, unless the new law is more lenient (Article 2 of the Criminal Code).

What if you genuinely do not know who was driving?

For a company, the law offers a way out: if it does not know the driver, it discloses the identity of the person responsible for the vehicle. That person must then identify the driver. Because the company must also take the necessary measures, a bare answer of “we do not know” will rarely suffice.

For a private individual, things are different. If you cannot show that you were not driving, the presumption continues to apply and the offence is attributed to you. If you do show that you were not driving, you must name the driver. The only exceptions in the law are theft, fraud and force majeure, and you must prove them.

Never name someone who was not driving, not even to avoid a driving ban. It solves nothing and may itself have serious criminal consequences. If in doubt, let us review the documents before you reply.

Consequences for employer and employee

For the employer, the risk is twofold: the company itself may be prosecuted, but so may the natural person who represents it. For a repeat offence within 3 years, the fine is doubled. A clear car policy, a trip log or booking system for pool cars and firm arrangements on who handles requests for information are therefore no unnecessary luxury.

For the employee, being named means that he or she becomes the suspect. The employee receives the official report or the payment proposal in his or her own name and bears the consequences: a fine and possibly a disqualification from driving or reinstatement tests (herstelexamens). Anyone who disputes the findings can defend themselves like any other driver, for example after a summons to the police court (politierechtbank / tribunal de police).

Whether an employer can recover a fine from the employee, or bears it itself, depends on the rules of employment law and the agreements between the parties. It is best to have this checked in advance.

What should you do?

1. Note the date. Check when the request for information was sent and count 15 days from then.
2. Find out who was driving. Consult the trip log, diaries, fuel or charging data and pool car bookings.
3. Reply fully and in writing. Use the form or platform that comes with the request, give the driver’s full identity and keep proof of sending.
4. Inform the driver. Let the named employee or family member know that he or she will receive post in his or her own name.
5. You genuinely do not know? A company then discloses the identity of the person responsible for the vehicle. A private individual should first have a lawyer check whether the presumption can be rebutted.
6. Have you received a summons? Contact a lawyer in good time, particularly if you never received the request for information.

How Novex Advocaten can assist you

Our firm defends companies, managing directors, employees and private individuals prosecuted because the driver was not identified. We check whether the request for information was properly made and whether the public prosecutor can prove receipt, and we help businesses set up a robust internal procedure. You can read more about our approach on our page on road traffic law.

We act before the police courts in the region, including as road traffic lawyers in Brussels. You can contact us in Dutch, French, English or Arabic. We agree clear terms on our fees in advance, and your legal expenses insurance (rechtsbijstandsverzekering) often covers the costs.