Act To Amend The Law On Road Traffic Police, Coordinated March 16, 1968, The Act Of 29 June 1964 On Suspension, The Suspension And Probation, The Law Of 21 June 1985 Relating To The Technical Conditions Under Which Must Repo

Original Language Title: Loi modifiant la loi relative à la police de la circulation routière, coordonnée le 16 mars 1968, la loi du 29 juin 1964 concernant la suspension, le sursis et la probation, la loi du 21 juin 1985 relative aux conditions techniques auxquelles doivent répo

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014014174&caller=list&article_lang=F&row_id=700&numero=793&pub_date=2014-04-30&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-04-30 Numac: 2014014174 FEDERAL PUBLIC SERVICE mobility and transport March 9, 2014. -Act to amend the law on road traffic police, coordinated on March 16, 1968, the Act of 29 June 1964 on suspension, the suspension and probation, the law of 21 June 1985 relating to the technical conditions to be met by all vehicle transport by land, its components and safety devices and the Act of 21 November 1989 on compulsory insurance of liability for motor vehicles (1) PHILIPPE , King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of s. road traffic police act of March 16, 1968 2. in article 30, § 4, of the law on road traffic police, coordinated March 16, 1968, hereinafter referred to as "the Act on road traffic", inserted by the Act of 20 July 2005 and amended by the Act of 2 December 2011, "Penalties" shall be replaced by the words "sentences of imprisonment and fines.
S. 3. in article 31 of the law on road traffic, the words «37bis, § 1, 4 °, ' shall be inserted between the words "articles 30, 34, § 2, 2 °", and the words 'and 48 '.
S. 4. in article 33, § 3, 2 °, of the law on road traffic, inserted by the law of June 4, 2007, the words 'and a forfeiture of the right to drive a motor vehicle for a period of at least three months and five years at the most or definitively' and the second sentence which begins with the words "réintégration" and ends with "paragraph 1." are repealed.
S. 5. article 34 of the law on road traffic, as amended by the laws of the July 18, 1990, March 16, 1999, 7 February 2003 and 2 December 2011, is supplemented by a paragraph 3 as follows: "§ § 3 3» The rates of concentration of alcohol per litre of exhaled alveolar air referred to in the first paragraph are respectively at least 0.09 milligram and lower than 0.35 mg / l expired alveolar air and, with regard to the concentration of alcohol per litre of blood, at least 0.2 grams and less than 0.8 gram, when the driver: has) a vehicle for which a driving licence of category C1 C, C1 + E, C + E, D1, D, D1 + E or D + E or the title which in lieu thereof is required;
b) transports people with a vehicle of another category of licence for which the same medical requirements than those of the drivers listed in the a) shall apply. ».
S. 6. in article 36, paragraph 1, of the Act on road traffic, replaced by the law of 18 July 1990 and amended by laws of 7 February 2003 and December 2, 2011, the words 'and of revocation of the right to drive a motor vehicle for a period of at least three months and five years at the most or definitively' are hereby repealed.
S. 7. in article 37/1, paragraph 2, of the law on road traffic, inserted by the law of July 12, 2009, the words ", or one of those penalties only" are repealed.
S. 8. in article 37bis, § 2, of the law on road traffic, replaced by the Act of July 31, 2009, and amended by the law of December 2, 2011, the words "and a forfeiture of the right to drive a motor vehicle for a period of at least three months and five years at the most or definitively" are repealed.
S. 9. in article 38 of the road traffic Act, replaced by the law of 18 July 1990 and amended by the laws of the March 16, 1999, February 7, 2003, July 20, 2005, April 21, 2007, 4 June 2007 and December 2, 2011, the following changes are made: 1 °-paragraph 1, 1 °, the words "49/1" are inserted between the words "37bis. «, § 1, ' and the words 'or 62A ".
2 ° paragraph 1, last paragraph, is supplemented by the words "and in the case referred to the 4 °";
3 ° in paragraph 2A, the words ' the judge ' are replaced by the words "except in the case referred to in article 37/1, paragraph 1, or when it is conditional reinstatement in the right lead to the condition of having met one or more of the examinations referred to in § 3, the judge may";
4 ° a paragraph 6 shall be inserted, worded as follows: ' ' § § 6 6 Except in the case referred to in article 37/1, paragraph 1, the judge must decide the forfeiture of the right to drive a motor vehicle for a period of at least 3 months, and subordinate the reintegration in the right lead to the success of the four examinations referred to in § 3, paragraph 1, if the culprit, in the period of 3 years from agenda of a previous judgment of condemnation poured in res judicata of Head of one of the offences referred to in articles 29, § 1, paragraph 1, 29, § 3, paragraph 3, 30, §§ 1, 2 and 3, 33, §§ 1 and 2, 34, § 2, 35, 37, 37bis, § 1, 48 and 62A, again commits one of these offences.
If the culprit, within 3 years from the day of the issuance of a previous cast judgment in force of res judicata of the head of one of the offences referred to in paragraph 1, commits again two of these offences, the deprivation of the right to drive a motor vehicle is 6 months at least and reintegration into right to drive shall be subject to the success of the four examinations referred to in § 3 paragraph 1.
If convicted, within 3 years from the day of delivery from a previous cast sentence in force of res judicata of the head of one of the offences referred to in paragraph 1, again commits three or more of these offences, the deprivation of the right to drive a motor vehicle is 9 months at least and reintegration into right to drive shall be subject to the success of the four examinations referred to in § 3 paragraph 1. ».
S. 10. in article 40 of the law on road traffic, the following changes are made: 1 ° paragraphs 1 and 2 are each time supplemented by the sentence "on Saturdays, Sundays and holidays are not included in the period. '' »;
2 ° paragraph 2 is supplemented by the following sentence: "If the disqualification is limited under article 38, § 2A, deprivation of right may be extended if the surrender of the licence takes place after the current effective decay, and for a period equal to the number of days of disqualification already suffered.»
»;
3 ° in paragraph 2, 'his driving permit' shall be replaced by the words "his driver's licence or title which in lieu" and the words "permis de conduire" are replaced by the words 'driving licence or title which in lieu thereof';
4 ° in paragraph 2, the words "between the fifth day after the warning referred to in paragraph 1, and the effective date" shall be replaced by the words ' as from the fifth day after the warning referred to in the paragraph 1 and until the effective date'.
S. 11. in article 45, paragraph 1, of the road traffic Act, replaced by the law of 18 July 1990, "the judge may" shall be replaced by the words "except in the case referred to in article 37/1, paragraph 1, or when he makes the reintegration in the right lead to the condition of having met one or more of the examinations referred to in article 38. «, § 3, the judge may.
S. 12. in article 48, paragraph 2, of the law on road traffic, inserted by the law of July 18, 2012, "Punishment" shall be replaced by the words "sentences of imprisonment and fines.
S.
13. in article 49/1, paragraph 1, of the road traffic Act, the following changes are made: 1 ° the words "and a forfeiture of the right to drive a motor vehicle for a period of one month at least or one of those penalties only" are repealed;
2 ° between the words 'his driving licence' and 'on time' is inserted the words "or the title that stands in the place.
S. 14. in article 51 of the law on road traffic, as last amended by the law of July 12, 2009, the '48, 1 °' digits are replaced by the figure '48 '.
S. 15. in section 55 of the road traffic Act, as last amended by the Act of 20 July 2005, the following changes are made: 1 ° in the 1st paragraph, 1 °, the words "and 4" shall be replaced by the words ", 4 and 4bis."
2 ° the paragraph 1 is supplemented by a 7 ° as follows: "7 ° if the validity of the driver's licence of the driver has been limited to motor vehicles equipped with an interlock breathalyzer and that the driver drives a vehicle engine not equipped with such a device or does not meet the requirements of the mentoring program."
3 ° after the first three paragraphs, which will form the paragraph 1, there shall be inserted a paragraph 2 as follows: "§ § 2 2» By way of derogation from the preceding paragraph, if the driver committed an overrun of the maximum speed allowed more than 20 kilometres per hour in a built-up area, an area of 30, in the vicinity of schools, in a residential area or in a meeting zone, if he committed an overrun of the maximum speed authorized more than 30 kilometres per hour , or in the case referred to in article 60, paragraph 3 and article 61ter, § 1, the immediate withdrawal of the driving licence can also be ordered by the officer of the judicial police auxiliary of the Procurator of the King.
Informed judicial police officer the person concerned that under article 56, it has the right to request refund of the licence by submitting its application to the Prosecutor or, where appropriate, the Attorney general.
The officer

judicial police shall immediately forward the minutes of its decision to the public prosecutor, with the statements of the holder of the licence. »;
4 ° paragraphs 4 and 5 shall be replaced by a new paragraph 3 as follows: "§ § 3 3» The driver or the person accompanying him, covered by the provisions listed in subsection 1, paragraph 1, 1 °, or in paragraph 2, is required to provide his driver's licence or title which in lieu on the invitation that it is made by the police, at the request of the Prosecutor or, where appropriate, the Attorney general who ordered the withdrawal or in the case referred to in paragraph 2, on decision of the officer of the judicial police. Otherwise, the competent public prosecutor may order the seizure of the document.
In the case referred to the § 1, the police shall communicate to the person concerned what is the public prosecutor who ordered the removal. ».
S. 16. in article 56, paragraph 1, of the law on road traffic, replaced by the law of 18 July 1990 and amended by the law of 20 July 2005, the words "or the competent public prosecutor in the event of application of article 55, § 2» are inserted between the words"withdrawal"and the words", either ex officio,
S. 17. in article 57, paragraph 2, of the law on road traffic, replaced by the law of July 9, 1976 and amended by the Act of 20 July 2005, the words «article 55, paragraph 1, 1 °, 2 °, 3 ° and 5 °» are replaced by the words «article 55 § 1, paragraph 1, 1 °, 2 °, 3 ° and 5 °, and § 2.
S. 18. in article 58, paragraph 1, of the law on road traffic, as amended by laws of 9 July 1976 and 20 July 2005, the words «article 55, paragraph 4, ' shall be replaced by the words 'article 55, § 3, paragraph 1.
S. 19. in article 58A of the road traffic Act, inserted by the Act of 7 February 2003 and amended by the law of July 20, 2005, the following changes are made: 1 ° in the paragraph 1, paragraph 1, the words "paragraph 1" are repealed;
2 ° in the paragraph 1, paragraph 2, the words 'article 55, third subparagraph' shall be replaced by the words «article 55 § 1, paragraph 3 ";
3 ° paragraph 1 is supplemented by a paragraph 3 as follows: "when the judicial police officer applies article 55, § 2, it may also, ordering the immobilization of the vehicle as a safety measure. »;
4 ° in paragraph 3, paragraph 1, the words "or, in the case of application of article 55, paragraph 2, by the Prosecutor or the Attorney general referred to in article 55, § 2, paragraph 2" are inserted between the words "by the persons who ordered the detention" and the words ", or office.
S. 20. in article 59 of the law on road traffic, replaced by the law of 18 July 1990 and amended by the law of July 20, 2005 and July 31, 2009, a 1/1 paragraph worded as follows is added: "§ 1/1."
Prior to the breath test referred to the § 1, the analysis of the breath referred to in § 2, or the blood sample referred to in article 63 § 1, the officials of the authority referred to the § 1 may, under the same circumstances, use equipment designed to detect the presence of alcohol among persons in the § 1, 1 °, 2 ° and 3 °. This does not exempt these people to other obligations imposed on them under section 59. ».
S. 21. in article 60 of the law on road traffic, replaced by the law of 18 July 1990 and amended by the Act of July 31, 2009, the following changes are made: 1 ° paragraph 1 is supplemented by a paragraph worded as follows: "For the purposes of article 34, § 3, the alcohol concentration referred to in the preceding paragraph is to at least 0.09 milligram per litre of exhaled alveolar air.";
2 ° a paragraph 1/1 is inserted, worded as follows: "§ 1/1." The driving of a vehicle or a mount or accompaniment of a driver for learning in a public place, in the cases referred to in article 34, paragraph 3, is prohibited to anyone who was driving, was preparing to drive a vehicle or a mount or accompanied a driver for learning or was preparing to accompany a driver for learning, for a period of two hours from the finding : 1 ° when the analysis of the breath measuring a concentration of alcohol per liter of alveolar air expired, at least 0.09 milligram and less than 0.22 mg;
2 ° where it can be carried out the analysis of the breath and the breath test detects a concentration of alcohol per liter of alveolar air expired, at least 0.09 milligram and less than 0.22 mg. ».
S. 22. in article 61, paragraph 1, of the law on road traffic, as amended by laws of July 9, 1976, 16 March 1999 and 20 July 2005, the words ' article 60' are replaced by the words "in article 60, §§ 2, 3, 4 and 4A.
S. 23. in article 62, paragraph 4, of the law on road traffic, replaced by the law of 4 August 1996, the words ', for as much as they perform measures, ' shall be inserted between the word "need" and the words "be approved.
S. 24. article 62ter of the road traffic Act, inserted by the Act of July 31, 2009, is supplemented by a paragraph 5 worded as follows: ' ' § § 5 5 The collection of the data needed to conduct the salivary analysis should be limited to the data strictly necessary for the establishment of the offences under this Act in a public place. These data cannot be used for judicial purposes relating to the Suppression of such offences. ».
S. 25. article 63 of the law on road traffic, replaced by the Act of July 31, 2009, is supplemented by a paragraph 6 worded as follows: ' ' § § 6 6 For the purposes of article 34, § 3, the alcohol concentration of 0.22 milligram per litre of exhaled alveolar air referred to in this article shall be reduced to 0.09 milligram per litre of exhaled alveolar air. "."
S. 26. the title of chapter II (title V) of the Act on road traffic, as amended by the law of 18 July 1990 and March 26, 2007, is complemented with the words "or after the follow-up of training".
S. 27. in article 65 of the law on road traffic, as amended by laws of 18 July 1990 and March 26, 2007, the following changes are made: 1 ° 1st paragraph, paragraph 1, is replaced by the following: 'when one of the offences under this Act, and of one of the offences under the regulations made under this Act. , which are specially designated by the King, it can, if the fact has not caused injury to others and subject to the agreement of the author of the offence, be perceived a sum, either immediately or within a period determined by the King, or be offered training according to the rules laid down by the King. In the event of infringement of article 34, § 3, when the analysis of the breath alcohol concentration, per liter of alveolar air expired, at least 0.09 milligram and less than 0.22 mg, the proposal of payment of a sum is mandatory under the same conditions. »;
2 ° in the paragraph 1, paragraph 2, the second sentence beginning with the words ' However, in cases "and ending with the words" additional decimated"is repealed;
3 ° in paragraph 2, the first sentence is replaced by the following: "payment or monitoring of training off public action, unless the public prosecutor shall notify the person concerned in the month from the day of payment or the day during which the training ended, that it intends to exercise this action. ';
4 ° paragraph 3, paragraph 1, is replaced as follows: "If the offender has no domicile or residence fixed in Belgium and do not pay immediately the sum proposed, or where it can be found that an amount as referred to the § 1, or on basis of article 216bis of the Code of criminal procedure or a payment referred to in article 65/1 order remains unpaid in his name. He shall record in the hands of officials or agents referred to in paragraph 1 a sum intended to cover the possible fine. »;
5 ° in paragraph 3, paragraph 3, the first sentence is supplemented by the words "or from the finding of non-payment of the sum referred to in paragraph 2.
6 ° in paragraph 6, the words 'article 166' are replaced by the words 'article 216bis.
CHAPTER 3. -Amendments to the law of 29 June 1964 on suspension, the stay and the article probation 28. in article 13 of the law on probation, amended by the law of 10 February 1994, the following changes are made: 1 ° a paragraph 1bis is inserted, worded as follows: "§ 1bis.»
Simple suspension and probationary suspension may also be revoked if the person who is the subject of this count measure to act of March 16, 1968 on the police's traffic or its orders of execution has committed a new offence during the test period, resulting in a conviction under the law of March 16, 1968 on road traffic police.
1 paragraph also applies if the measurement is made at the same time for an offence to act of March 16, 1968 on the police's traffic or its orders of execution and for an offence under sections 419 or 420 of the penal Code. »;
2 ° in paragraph 4, paragraph 1, the words "or, in the case provided to the § 1bis, before the police court in the place where the offence ' shall be inserted between the words" residence"and the words"within the same timeframe. "
3 ° in paragraph 4, paragraph 2, the words "§§".

1 and 3"are replaced by the words"§§ 1, 1bis and 3 ';
4 ° in operative paragraph 5, the words "§§ 1 and 3" are replaced by the words "§§ 1, 1bis, and 3.
S. 29. in article 14 of the law on probation, amended by the law of 22 March 1999, the following changes are made: 1 ° a paragraph 1b is inserted, worded as follows: "§. 1b. Simple suspension and probationary suspension may also be revoked if the person who is the subject of this measure of the head of an offence to act of March 16, 1968 on the police's traffic or its orders of execution has committed a new offence during the test period, resulting in a conviction under the law of March 16, 1968 on road traffic police.
1 paragraph also applies if the measurement is made at the same time for an offence to act of March 16, 1968 on the police's traffic or its orders of execution and for an offence under sections 419 or 420 of the penal Code.
In this case, the procedure provided for in § 2, paragraphs 2 and 3, shall apply. »;
2 ° in paragraph 2, paragraph 2, the words "or, in the case provided to the § 1B, before the police court in the place where the offence ' shall be inserted between the words" residence"and the words", within the same timeframe.»
».
CHAPTER 4. -Amendments to the law of 21 June 1985 relating to the technical conditions under which must meet all vehicle transport by land, its components and accessories of security section 30. in article 3, § 1, of the Act of 21 June 1985 the technical conditions to be met by any vehicle transport by land, its elements as well as safety devices, the following changes are made: 1 ° paragraph 2 is replaced by the following: 'automatic devices may, under the same conditions as those referred to in article 62 of the law of March 16, 1968 on road traffic police ". be used to establish the offences under this Act and its implementing orders.
»;
2 ° paragraph 1 is supplemented by three paragraphs worded as follows: "qualified agents referred to in paragraph 1 find these offences in the minutes that are prima facie evidence to the contrary.
A copy of these minutes is addressed to the offender within a period of fourteen days from the date of the finding of the infringement.
The provisions of title V, chapter IVA of the law of March 16, 1968 on road traffic police shall also apply to these offences. ».
S.
31. in article 4, § 4, of the Act of 21 June 1985 relating to the technical conditions to be met by any transport vehicle by land, its elements as well as the safety accessories, inserted by the law of April 5, 1995, in the Dutch text, the word «opgelegd» is replaced by the word 'geimmobiliseerd '.
S. 32. in article 4bis, § 1, paragraph 1, of the Act of 21 June 1985 the technical conditions to be met by any vehicle transport by land, its elements as well as the safety accessories, inserted by the law of May 15, 2006, the words ", on the occasion of technical roadside inspections of commercial vehicles," are repealed.
CHAPTER 5. -Amendment of the Act of 21 November 1989 on compulsory insurance of liability for motor vehicles s. 33. in article 29 of the Act of 21 November 1989 on compulsory insurance of liability for motor vehicles, a worded as follows is inserted between paragraphs 1 and 2: "automatic devices may, in the same conditions as those referred to in article 62 of the law of March 16, 1968 on road traffic police be used to establish the offences under this Act and its implementing orders. ».
CHAPTER 6. -Provision repealing art. 34. article 30 of the Act of February 7, 2003, containing various provisions on road safety is hereby repealed.
CHAPTER 7. -Disposition final art. 35. the King sets the date of entry into force of each of the provisions of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, March 9, 2014.
PHILIPPE by the King: the Minister of the economy, J. VANDE LANOTTE the Minister of the Interior, Ms. J. MILQUET. the Minister of Justice, Ms. A. TURTELBOOM. the Secretary of State for mobility, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Parliamentary References: records of the House of representatives: 53-2880-2012/2013: No. 1 : Bill No. s2 and 3: amendments N ° 4: report No. 5: text adopted by the commission N ° 6: text adopted in plenary meeting and transmitted to the Senate.
Full report: January 30, 2014.
The Senate documents: 5-2466-2013/2014: No. 1: project not referred by the Senate.