After a driving ban (verval van het recht tot sturen / déchéance du droit de conduire), you do not always get your licence back automatically. The police court (politierechtbank / tribunal de police) can make reinstatement conditional on a theory test, a practical test, a medical examination and a psychological examination: the driving licence reinstatement exams (herstelexamens / examens de réintégration). For some offences these exams are mandatory, for others they are at the judge’s discretion, and that is precisely where your defence has room to manoeuvre. Novex Advocaten, traffic lawyer in Brussels, appears before the police courts of Brussels, Halle, Vilvoorde, Leuven and Aalst.
The four reinstatement exams and the specific training course
Article 38 § 3 of the Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière) lists five reinstatement conditions: the theory test, the practical test, the medical examination, the psychological examination and, since 1 January 2026, a specific training course that can supplement or replace the theory and practical tests, even where the law makes those tests mandatory (Article 38 §§ 5 and 6 and Article 33 § 2). You take the theory and practical tests at an approved examination centre. The medical and psychological examinations are carried out at an approved body.
As long as you have not passed the exams imposed, the driving ban continues to run. You therefore only get your licence back once the period of the ban has expired and you have passed the last exam. The practical side, the costs and the preparation are covered in reinstatement exams after a driving ban: procedure and costs.
Driving licence reinstatement exams: when are they mandatory?
| Situation | Driving ban | Exams |
|---|---|---|
| Repeat alcohol or drug offence within 3 years (Art. 36 and 38 § 6) | Mandatory, at least 3 months | All four exams mandatory |
| Hit-and-run (vluchtmisdrijf / délit de fuite) resulting in injury or death (Art. 33 § 2) | Mandatory, 3 months to 5 years or for life | Theory and practical tests and psychological examination mandatory |
| Causing death by driving (Art. 107 or 107/1 Criminal Code) combined with, among other things, speeding, alcohol, drunkenness or drugs (Art. 38 § 2) | Mandatory, at least 3 months (at least 1 year for repeat alcohol or drug offences) | All four exams mandatory |
| Novice driver (category B licence held for less than 2 years) convicted of an offence committed with a motor vehicle that can lead to a ban, except, among others, a second-degree offence (Art. 38 § 5) | Mandatory | At least the theory or the practical test mandatory |
| Other offences carrying a ban (speeding, alcohol as a first offence, drugs as a first offence) | Discretionary or mandatory depending on the offence | Discretionary: the judge decides |
Even where the law does not require the exams, the judge may make reinstatement of the right to drive conditional on passing one or more of them. Whether the judge does so depends to a large extent on the arguments put forward at the hearing.
The table shows the rules for offences committed on or after 1 September 2026, the date on which Book I of the new Criminal Code (Strafwetboek / Code pénal) entered into force. For earlier offences, the former penalty provisions of the Road Traffic Act in principle still apply; if the new law is more lenient, the new law applies (Article 2 Criminal Code). What exactly has changed is explained in the new Criminal Code and road traffic offences.
How does the procedure work?
- The judgment. The police judge decides in the judgment which exams you must take and whether the specific training course is sufficient. An appeal against the judgment can be lodged within thirty days of its delivery, before the criminal court (correctionele rechtbank / tribunal correctionnel). Against a judgment by default you can file an objection (verzet / opposition).
- Notification. Once the judgment is final, you receive a notification from the public prosecutor’s office. It states when the ban takes effect, where you must surrender your licence and which exams you must pass. Failing to surrender your licence is a separate offence: for offences committed on or after 1 September 2026, an offence of penalty level 1 (strafniveau / niveau de peine), with a fine of EUR 2,000 to 20,000 (Article 49/1).
- Registration. You register yourself for the theory and practical tests at an examination centre and for the medical and psychological examinations with an approved body. Waiting times can be long, so start immediately after the judgment.
- Reinstatement. Once you have passed the last exam and the period of the ban has expired, you normally collect your original licence from the court registry (griffie / greffe); depending on the results of the medical or psychological examination, you may in some cases have to report to your municipality. Anyone who drives during the ban commits, for offences committed on or after 1 September 2026, an offence of penalty level 2, with a fine of EUR 5,000 to 20,000 (Article 48).
Our approach to reinstatement exams
Before the hearing, we check whether the exams are legally mandatory or merely possible. If they are discretionary, we argue against any exam that adds nothing: a theory test for an experienced driver with a clean record, or a psychological examination for which there is no indication. If they are mandatory, we ask for the shortest possible period and, where the law allows, the specific training course instead of the exams.
We also ask for a suspended sentence (uitstel / sursis) or a suspension of the pronouncement (opschorting van de uitspraak / suspension du prononcé) where the legal conditions are met, so that you keep your licence where possible. Read more in suspension, suspended sentences and community service before the police court.
If you have already been convicted, we examine whether an objection or an appeal is still possible and whether a medical or psychological rejection can be challenged. See also the driving ban explained and objection and appeal against a police court judgment.
In practice: the exams decide how long you are off the road
Most disputes are not about the ban itself but about the exams: they determine how long you are actually unable to drive. In practice, a one-month ban with four exams often lasts longer than a three-month ban without exams, because of the waiting times for the examinations and at the examination centres.
That is why we prepare the hearing with documents on your work, your family situation and your driving record, so that the judge can make a reasoned choice. See also how the police court works.
Which police courts we appear before
Novex Advocaten appears before the police court of Brussels (Dutch-speaking and French-speaking), the police court of Halle, the police court of Vilvoorde, the police court of Leuven and the police court of Aalst.
Frequently asked questions about reinstatement exams
Which exams can the police court impose?
A theory test, a practical test, a medical examination, a psychological examination or a combination of these; since 1 January 2026, a specific training course can also be imposed. For a repeat alcohol or drug offence within three years, all four exams are mandatory.
Can I avoid the reinstatement exams?
Yes, where the law does not make them mandatory. The judge then decides freely, and a well-reasoned plea about your driving record, your work and the nature of the offence makes the difference. Where an exam is legally mandatory, the defence focuses on the length of the ban and, where the law allows, on the specific training course.
What happens if I fail?
The ban continues until you pass. You can retake the exams. If you are rejected on medical or psychological grounds, we look at the possible next steps with you.
Is there a stricter regime for novice drivers?
Yes. Anyone who has held a category B licence for less than two years and is convicted of an offence committed with a motor vehicle that can lead to a ban receives a mandatory ban and must pass at least the theory or the practical test (Article 38 § 5 Road Traffic Act); second-degree offences are not covered. We check whether this rule applies in your case.
Can I drive while I am waiting for the exams?
No. The ban takes effect on the fifth day after the notification from the public prosecutor’s office (Saturdays, Sundays and public holidays not counted, Article 40 Road Traffic Act) and runs until the end of the period and until you have passed the exams. Driving during the ban is, for offences committed on or after 1 September 2026, an offence of penalty level 2 with a fine of EUR 5,000 to 20,000.
Contact
Exams imposed or summons received? Call 0484 99 22 72, email asfour@novexadvocaten.be or use the contact form. You can also read beforehand what a traffic lawyer costs.
Sources
- Act of 16 March 1968 on the policing of road traffic (Road Traffic Act), consolidated text on Justel, Articles 33, 36, 38, 48 and 49/1 (consulted on 24 September 2026)
- Act of 29 February 2024 introducing Book I of the Criminal Code, Articles 2, 36 and 65 (consulted on 24 September 2026)
- Courts and tribunals: the police courts
Last updated on 3 October 2026
Further reading
- Reinstatement exams after a driving ban in Belgium: procedure, costs and preparation
- Driving ban in Belgium: what it is and how to get your licence back
- Alcohol interlock in Belgium: when it is mandatory, what it costs and how to defend yourself
- How to avoid a driving ban in Belgium or limit it: what can your lawyer achieve?
- Immediate driving licence withdrawal in Belgium: how to get your licence back
- How much does a lawyer cost at the police court in Belgium, and who pays?
By offence: drink driving, speeding, drug driving, hit-and-run, driving ban, driving without insurance, driving without a licence.
Back to the overview: traffic lawyer in Brussels.