Running a red light in Belgium: fine, driving ban and defence

Running a red light in Belgium is one of the classic cases before the police court (politierechtbank / tribunal de police). Often it comes down to a fraction of a second: the light turned amber, you judged that you could still go through, and the camera flashed. Yet the law treats it as a serious offence, with a high on-the-spot fine and a possible driving ban.

Summoned to the police court? See how we can defend you: road traffic lawyer in Brussels.

Below you will find what the rules say exactly, what you risk since the new Criminal Code entered into force on 1 September 2026 and how to defend yourself.

What does the Highway Code say about red and amber lights?

Article 61 of the Belgian Highway Code (wegcode / code de la route) governs three-colour traffic lights. A red light means that you may not cross the stop line or, if there is no stop line, pass the traffic light itself. A steady amber light means the same, with one exception: a driver who sees the light turn amber when already so close that they can no longer stop in sufficiently safe conditions may continue.

That exception matters. It means that not every passage on amber is an offence, and that the question “could you still stop safely?” lies at the heart of the debate in many cases.

A flashing amber light does not prohibit passage. It warns of danger; the ordinary priority rules continue to apply.

These rules are laid down in the Royal Decree of 1 December 1975, known as the Highway Code. It remains in force until 1 June 2027, when it will be replaced by the Public Road Code and the Flemish traffic regulations.

Cyclists

Cyclists may turn right or ride straight on at a red light where an additional sign expressly allows it (signs B22 and B23). They must then give way to other road users. Without such a sign, the red light applies to them as well.

Running a red light: what are the penalties?

The on-the-spot fine

Running a red light is a third-degree offence. If you are caught in the act or flashed and there is no accident, you will normally be offered an on-the-spot fine (onmiddellijke inning / perception immédiate) under Article 65 of the Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière). Since 1 July 2026 it amounts to €191, plus an administrative surcharge of €10.67.

If you pay, the prosecution is normally barred and the case is closed. If you want to contest the offence, it is therefore better not to pay before the photos have been examined.

Before the police court

If you are summoned for acts committed on or after 1 September 2026, you face a level 1 penalty: no prison sentence, but a fine of €240 to €4,000 under the Act or, with the statutory surcharge multiplier (opdeciemen / décimes additionnels, × 1.25), €300 to €5,000, plus court costs. Instead of a fine, the court may also impose another level 1 penalty, such as community service or a conviction by declaration of guilt.

For acts committed before 1 September 2026, the rules in force at the time continue to apply, unless the new rules are more lenient (Article 2 of the Criminal Code). That meant a fine of €30 to €500 or, with the multiplier, €240 to €4,000 for acts before 1 February 2026 and €300 to €5,000 for acts from that date. Read more about the transition in our article on the new Criminal Code in traffic cases.

Previous convictions are taken into account when setting the penalty. A clean criminal record is therefore an asset; a recent conviction for a traffic offence makes a harsher penalty more likely. For a repeat offence within three years of a previous final conviction, the fines are also doubled (Article 29(4) of the Road Traffic Act).

The driving ban

In addition to the fine, the court may impose a driving ban (verval van het recht tot sturen / déchéance du droit de conduire) of eight days to five years (Article 38(1), 3° of the Road Traffic Act). It is not mandatory, but prosecutors regularly seek it when the red light was run at a busy junction, near a school or at a pedestrian crossing. Read more about the driving ban.

For novice drivers, who have held a category B licence for less than two years, the law provides a stricter regime: for an offence committed with a motor vehicle that can lead to a driving ban (except, among others, a second-degree offence), the court must impose a ban and make the restoration of the right to drive conditional at least on passing one of the reinstatement tests: the theory test or the practical test (Article 38(5)). Have a lawyer check whether this regime applies to your case.

And if there was an accident?

Then the nature of the case changes. For acts committed on or after 1 September 2026, a collision causing injury is prosecuted as harm to physical integrity in traffic (Article 218 of the Criminal Code, level 2) and a fatal accident as homicide in traffic (Article 107 of the Criminal Code, level 3). For older acts, the charge is unintentional bodily harm or unintentional homicide (Articles 418 to 420 of the former Criminal Code).

If 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, the public prosecutor may also order the immediate withdrawal of your driving licence (Article 55(1), 3°), in principle for fifteen days, which the police court may extend by up to three months (Article 55bis of the Road Traffic Act). On the civil side, the dispute turns on liability for the damage.

How is a red light offence proven?

There are two ways. A police officer may establish the offence personally; the official report is then deemed accurate until proven otherwise (Article 62 of the Road Traffic Act). Alternatively, the offence is recorded by a red light camera. These devices must be type-approved and periodically calibrated; only then do their findings carry the same special evidential value.

With a camera, the registered keeper of the number plate receives a letter. The law presumes that the keeper was driving, but that presumption can be rebutted by any means, for example by showing who was actually driving (Article 67bis). If the vehicle is registered to a legal entity, such as a company, its representatives must identify the driver (Article 67ter). Failure to do so may lead to a separate prosecution.

Your defence against a red light charge

• Request the photos and the device data. They must show that you crossed the stop line while the light was red, not amber. The time elapsed between the start of the red phase and your passage is often decisive.
• Check the type approval and calibration. If there is no proof that the device was approved and calibrated in time, the finding loses its special evidential value.
• Invoke the amber light exception. A driver who could no longer stop safely on amber, for example because of a vehicle following closely or a slippery road surface, has not committed an offence. This requires concrete substantiation: speed, distance, weather conditions.
• The identity of the driver. If you were not driving yourself, you must say so correctly and in time.
• The sentence. With a clean record, suspension of the pronouncement or a suspended sentence, a fine close to the minimum and avoiding a driving ban are realistic goals. A driving ban can also be suspended (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 give in person or through your lawyer (Article 45 of the Criminal Code).
• Your financial means. The court takes your means into account when setting the fine and may even go below the statutory minimum if you are in a precarious situation (Article 52(2) of the Criminal Code).
• How the ban is served. In certain cases, a driving ban may be served only at weekends and on public holidays (Article 38(2bis) of the Road Traffic Act) or be limited to certain vehicle categories (Article 45), but not where the court imposes reinstatement tests.

Frequently asked questions

Will I lose points on my licence?

No. Belgium has never introduced a penalty points system. The consequences are the fine, a possible driving ban and, where applicable, reinstatement tests.

The camera flashed, but I believe the light was still amber. What now?

Do not pay straight away if you are convinced you are right; have the photos requested and assessed first. If it turns out that you passed on red, prompt payment is usually the wisest choice. If the opposite is true, the case can be contested.

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

The public prosecutor may then offer you a settlement or summon you to court. If the settlement also remains unpaid, the Crown Prosecutor may issue a payment order, increased by 35%, which you can challenge before the police court within 30 days (Article 65/1 of the Road Traffic Act). Also read what to do when you receive a summons to the police court.

Do I have to appear in person before the police court?

Not necessarily. As a rule, a lawyer can represent you, unless the court orders you to appear in person. Read more in our article on appearing in person before the police court.

Novex Advocaten can help

Were you flashed at a red light or summoned after an accident at a junction? Send us the letter from the public prosecutor or the summons. We will request the photos and the device data and tell you whether a challenge makes sense. Mr Mohamed Asfour, lawyer, acts as a traffic lawyer before the police courts of Brussels, Halle, Vilvoorde, Leuven and Aalst.

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