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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belgiquelex.be - Carrefour Bank of Legislation

9 MARCH 2014. - An Act to amend the Road Traffic Police Act, coordinated on March 16, 1968, the Suspension, Suspension and Probation Act of June 29, 1964, the Law of June 21, 1985 on the technical conditions to be met by any ground-based vehicle, its elements and safety accessories, and the Act of November 21, 1989 on the compulsory liability insurance for self-propelled vehicles (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 16 March 1968
on Road Traffic Police
Art. 2. In Article 30, § 4, of the Law on the Police of Road Traffic, coordinated on 16 March 1968, hereafter referred to as "the Law on Road Traffic", inserted by the Law of 20 July 2005 and amended by the Law of 2 December 2011, the words "The penalties" are replaced by the words "The penalties and fines".
Art. 3. In Article 31 of the Road Traffic Act, the words "37bis, § 1er, 4°," are inserted between the words "articles 30, 34, § 2, 2°," and the words "and 48".
Art. 4. In Article 33, § 3, 2°, of the Road Traffic Act, inserted by the Act of 4 June 2007, the words "and a demise of the right to drive a motor vehicle for a period of three months at least and five years at the latest or permanently" and the second sentence beginning with the words "Reintegration" and ends with "paragraph 1er. » are repealed.
Art. 5. Section 34 of the Road Traffic Act, as amended by the Acts of 18 July 1990, 16 March 1999, 7 February 2003 and 2 December 2011, is supplemented by a paragraph 3 as follows:
Ҥ3. The alcohol concentration rates per litre of expired alveolar air referred to in the first paragraph are at least 0.09 milligrams and below 0.35 milligrams per litre of expired alveolar air and, with respect to the concentration of alcohol per litre of blood, at least 0.2 grams and below 0.8 grams, when the driver:
(a) conducts a vehicle for which a category C1, C, C1+E, C+E, D1, D1, D1+E or D+E driver's licence or the title that is required;
(b) Carriage of persons with a vehicle of another category of driver's licence for which the same medical requirements as those of the driver referred to in (a) are applied. "
Art. 6. In section 36, paragraph 1er, from the Road Traffic Act, replaced by the Act of 18 July 1990 and amended by the Acts of 7 February 2003 and 2 December 2011, the words "and a waiver of the right to drive a motor vehicle for a period of at least three months and not more than five years or permanently" are repealed.
Art. 7. In section 37/1, paragraph 2, of the Road Traffic Act, inserted by the Act of 12 July 2009, the words ", or only one of these penalties" are repealed.
Art. 8. In section 37bis, § 2, of the Road Traffic Act, replaced by the Act of 31 July 2009 and amended by the Act of 2 December 2011, the words "and a determination of the right to drive a motor vehicle for a period of at least three months and not more than five years or permanently" are repealed.
Art. 9. In section 38 of the Road Traffic Act, replaced by the Act of 18 July 1990 and amended by the Acts of 16 March 1999, 7 February 2003, 20 July 2005, 21 April 2007, 4 June 2007 and 2 December 2011, the following amendments are made:
1° in paragraph 1er, 1°, the words "49/1" are inserted between the words "37bis, § 1er," and the words " or 62bis";
2° paragraph 1er, last paragraph, is supplemented by the words "and in the case referred to in 4°";
3° in paragraph 2bis, the words "The judge may" are replaced by the words "except in the case referred to in section 37/1, paragraph 1er, or where the reinstatement of the driver's right is conditional upon having satisfied one or more of the examinations referred to in § 3, the judge may";
4° a paragraph 6 is inserted, as follows:
“§ 6. Except in the case referred to in section 37/1, paragraph 1er, the judge shall declare the right to drive a motor vehicle for a period of not less than 3 months, and shall subordinate the reintegration in the right to lead to the success of the four examinations referred to in § 3, paragraph 1er, if the guilty person, in the period of 3 years from the day of the pronouncement of a previous conviction cast in force of a judgment of the head of one of the offences referred to in articles 29, § 1erParagraph 1er29, § 3, paragraph 3, § 30, §§ 1er, 2 and 3, 33, §§ 1er and 2, 34, § 2, 35, 37, 37 bis, § 1er, 48 and 62bis, again commits one of these offences.
If the guilty person, within 3 years of the day of the pronouncement of a previous conviction, cast in force of a judgment of the head of one of the offences referred to in paragraph 1er, again commits two of these offences, the loss of the right to drive a motor vehicle is at least 6 months and the reintegration into the right to drive is subordinate to the success of the four examinations referred to in § 3, paragraph 1er.
If the guilty person, within 3 years of the day of the pronouncement of a previous conviction, cast in force of a judgment of the head of one of the offences referred to in paragraph 1er, once again commits three or more of these offences, the loss of the right to drive a motor vehicle is at least 9 months and the reintegration into the right to drive is subject to the success of the four examinations referred to in § 3, paragraph 1er. "
Art. 10. In section 40 of the Road Traffic Act, the following amendments are made:
1° paragraphs 1er and 2 are each time supplemented by the phrase "Saturdays, Sundays and legal holidays are not included within the deadline. »;
2° paragraph 2 is supplemented by the following sentence:
"If the loss is limited under Article 38, § 2bis, the loss of full right can only be extended if the surrender of the driver's licence occurs after the effective date of the loss, for a period equal to the number of days of loss already suffered. »;
3° in paragraph 2, the words "his driver's licence" are replaced by the words "his driver's licence or the title that takes place" and the words "of the driver's licence" are replaced by the words "of the driver's licence or the title that takes place";
4° in paragraph 2, the words "between the fifth day after the warning referred to in paragraph 1er and effective date are replaced by the words "from the fifth day after the warning referred to in paragraph 1er and until the effective date".
Art. 11. In section 45, paragraph 1er, from the Road Traffic Act, replaced by the Act of 18 July 1990, the words "The judge may" are replaced by the words "except in the case referred to in section 37/1, paragraph 1er, or where the reinstatement of the right to conduct is subordinated to the condition that it has satisfied one or more of the examinations referred to in Article 38, § 3, the judge may".
Art. 12. In section 48, paragraph 2, of the Road Traffic Act, inserted by the Act of July 18, 2012, the words "Sentences" are replaced by the words "Sentences of imprisonment and fines".
Art. 13. In article 49/1, paragraph 1erthe following amendments are made:
1° the words "and a waiver of the right to drive a motor vehicle for at least one month or only one of these penalties" are repealed;
2° between the words "his driver's license" and the words "in time" are inserted the words "or the title that takes place".
Art. 14. In section 51 of the Road Traffic Act, last amended by the Act of 12 July 2009, the figures "48, 1°" are replaced by the number "48".
Art. 15. In section 55 of the Road Traffic Act, last amended by the Act of 20 July 2005, the following amendments are made:
1° in paragraph 1er, 1°, the words "and 4" are replaced by the words ", 4 and 4bis";
2° paragraph 1er is completed by a 7° written as follows:
"7° if the driver's driver's driver's licence has been limited to motor vehicles equipped with an anti-start ethylotest and the driver drives an engine vehicle not equipped with such a device or does not meet the conditions of the steering program. »;
3° after the first three paragraphs, which will form paragraph 1era paragraph 2 is inserted as follows:
“§2. By derogation from the preceding paragraph, if the driver has committed an excess of the maximum permissible speed of more than 20 kilometres per hour in an agglomeration, in an area 30, at the school premises, in a residential area or in a meeting area, if he has committed an excess of the maximum authorized speed of more than 30 kilometres per hour, or in the case referred to in Article 60, § 3, and Article 61ter,er, the immediate removal of the driver's licence may also be ordered by the judicial police officer, auxiliary to the King's prosecutor.
The judicial police officer informs the person concerned that, under section 56, he has the power to request restitution of the driver's licence by sending his request to the King's attorney or, where applicable, to the Attorney General.
The judicial police officer shall forthwith transmit the minutes of his decision to the Public Prosecutor's Office, including the statements of the driver's licence holder. »;
Paragraphs 4 and 5 are replaced by a paragraph 3, which reads as follows:
“§3. The driver or accompanying person, as provided in the provisions of paragraph 1erParagraph 1er, 1°, or in paragraph 2, is required to hand over its driver's licence or the title that takes place on the invitation made by the police, on the requisition of the King's prosecutor or, if any, the Attorney General who ordered the withdrawal or, in the case referred to in paragraph 2, on the decision of the judicial police officer. If not, the competent public prosecutor may order the seizure of the document.
In the case referred to in § 1er, the police communicate to the interested party what is the public department that ordered the withdrawal. "
Art. 16. In section 56, paragraph 1er, from the Road Traffic Act, replaced by the Act of 18 July 1990 and amended by the Act of 20 July 2005, the words "or the competent public ministry in the case of the application of Article 55, § 2" are inserted between the words "removal" and the words ", be ex officio".
Art. 17. In section 57, paragraph 2, of the Road Traffic Act, replaced by the Act of 9 July 1976 and amended by the Act of 20 July 2005, the words "Article 55, paragraph 1er, 1°, 2°, 3° and 5° are replaced by the words "Article 55, § 1erParagraph 1er, 1°, 2°, 3° and 5°, and § 2".
Art. 18. In article 58, paragraph 1er, of the Road Traffic Act, amended by the laws of 9 July 1976 and 20 July 2005, the words "Article 55, paragraph 4", are replaced by the words "Article 55, § 3, paragraph 1er "
Art. 19. In section 58bis of the Road Traffic Act, inserted by the Act of 7 February 2003 and amended by the Act of 20 July 2005, the following amendments are made:
1° in paragraph 1erParagraph 1erthe words "paragraph 1er are repealed;
2° in paragraph 1er, paragraph 2, the words "Article 55, third paragraph" are replaced by the words "Article 55, § 1erParagraph 3;
3° paragraph 1er is supplemented by a paragraph 3, which reads as follows:
"When the judicial police officer applies section 55, § 2, he may also order the immobilization of the vehicle as a security measure. »;
4° in paragraph 3, paragraph 1er, the words "or, in the case of the application of Article 55, § 2, by the Crown Prosecutor or the Attorney General referred to in Article 55, § 2, paragraph 2" are inserted between the words "by the persons who ordered the capital" and the words ", either ex officio".
Art. 20. In section 59 of the Road Traffic Act, replaced by the Act of 18 July 1990 and amended by the Acts of 20 July 2005 and 31 July 2009, a paragraph 1 is inserted.er/1 to read:
« § 1er/1. Prealably the test of the breath referred to in § 1erthe analysis of the breath referred to in § 2, or the blood sample referred to in section 63, § 1erthe agents of the authority referred to in § 1er may, under the same circumstances, use equipment to detect the presence of alcohol in persons referred to in § 1er, 1°, 2° and 3°. This does not exempt these persons from the other obligations imposed under section 59. "
Art. 21. In section 60 of the Road Traffic Act, replaced by the Act of 18 July 1990 and amended by the Act of 31 July 2009, the following amendments are made:
1° paragraph 1er is supplemented by a paragraph that reads as follows:
"For the purposes of Article 34, § 3, the alcohol concentration referred to in the preceding paragraph is at least 0.09 milligrams per litre of expired alveolar air. »;
2° a paragraph 1er/1 is inserted, as follows:
« § 1er/1. The conduct of a vehicle or a mount or the accompanying of a driver for the purpose of learning in a public place, in the cases referred to in article 34, § 3, is prohibited to any person who was driving, preparing to drive a vehicle or mount or accompanying a driver for the purpose of learning or preparing to accompany a driver for the purpose of learning for a period of two hours:
1° when the breath analysis measures a concentration of alcohol, per litre of expired alveolar air, of at least 0.09 milligrams and less than 0.22 milligrams;
2° when the breath test cannot be performed and the breath test detects a concentration of alcohol, per litre of expired alveolar air, at least 0.09 milligrams and below 0.22 milligrams. "
Art. 22. In section 61, paragraph 1er, from the Road Traffic Act, amended by the laws of 9 July 1976, 16 March 1999 and 20 July 2005, the words "at Article 60" are replaced by the words "at Article 60, §§ 2, 3, 4 and 4bis".
Art. 23. In section 62, paragraph 4, of the Road Traffic Act, replaced by the Act of 4 August 1996, the words ", as long as they carry out measures," are inserted between the word "must" and the words "to be aggregated".
Art. 24. Section 62ter of the Road Traffic Act, inserted by the Act of 31 July 2009, is supplemented by a paragraph 5, which reads as follows:
Ҥ 5. The collection of data required to conduct salivary analysis must be limited to the strictly necessary data to establish offences under this Act committed in a public place. This data can only be used for judicial purposes relating to the suppression of these offences. "
Art. 25. Section 63 of the Road Traffic Act, replaced by the Act of 31 July 2009, is supplemented by a paragraph 6 as follows:
“§ 6. For the purposes of Article 34, § 3, the alcohol concentration of 0.22 milligrams per litre of expired alveolar air referred to in this Article shall be reduced to 0.09 milligrams per litre of expired alveolar air.".
Art. 26. The title of Chapter II (Titre V) of the Road Traffic Act, as amended by the Acts of 18 July 1990 and 26 March 2007, is supplemented with the words "or after the follow-up of training".
Art. 27. In section 65 of the Road Traffic Act, as amended by the Acts of 18 July 1990 and 26 March 2007, the following amendments are made:
1° paragraph 1erParagraph 1er, is replaced by the following:
"When finding one of the offences under this Act, and one of the offences under this Act, which are specially designated by the King, it may, if the act has not caused injury to others and, with the consent of the perpetrator of the offence, be collected an amount, either immediately or within a time specified by the King, or be proposed a training in accordance with the terms determined by the King. In the event of an offence under section 34, § 3, when the breath analysis measures a concentration of alcohol, per litre of expired alveolar air, of at least 0.09 milligrams and less than 0.22 milligrams, the proposal for payment of an amount is mandatory under the same conditions. »;
2° in paragraph 1er, paragraph 2, the second sentence beginning with the words "However, in case" and ending with the words "additional decimals" is repealed;
3° in paragraph 2, the first sentence is replaced by the following:
"The payment or follow-up of the training extinguishes the public action, unless the public department informs the interested party, in the month from the day of payment or the day on which the training ended, that it intends to carry out this action. »;
Paragraph 3, paragraph 1er, is replaced as follows:
"If the offender does not have a fixed domicile or residence in Belgium and does not immediately pay the proposed amount, or when it may be found that an amount as referred to in § 1er, or on the basis of section 216bis of the Code of Criminal Procedure or an order of payment referred to in section 65/1 is still unpaid to its name, it shall record in the hands of officials or agents referred to in paragraph 1er an amount 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 amount 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 Act of 29 June 1964
concerning suspension, stay and probation
Art. 28. In section 13 of the Probation Act, as amended by the Act of 10 February 1994, the following amendments are made:
1° a paragraph 1erbis is inserted, as follows:
« § 1erbis. The simple suspension and the probationary suspension may also be revoked if the person who is the subject of this measure of the offence leader of the Act of 16 March 1968 on the traffic police or its enforcement orders committed a new offence during the trial period and resulting in a conviction under the Act of 16 March 1968 on the traffic police.
Paragraph 1er also applies if the measure is taken at the same time for an offence under the Act of 16 March 1968 concerning the police of road traffic or its enforcement orders and for an offence under articles 419 or 420 of the Criminal Code. »;
2° in paragraph 4, paragraph 1erthe words “or, in the case provided in § 1erbis, before the police court in the place of the offence, are inserted between the words "of his residence" and the words "in the same time";
3° in paragraph 4, paragraph 2, the words “§§ 1er and 3 are replaced by the words “§§ 1er, 1erbis and 3 »;
4° in paragraph 5, the words “§§ 1er and 3 are replaced by the words “§§ 1er, 1erbis and 3".
Art. 29. In section 14 of the Probation Act, as amended by the Act of March 22, 1999, the following amendments are made:
1° a paragraph 1erter is inserted, as follows:
« § 1erter. The simple stay and probation may also be revoked if the person who is the subject of this measure of an offence under the Act of 16 March 1968 on the Road Traffic Police or its Implementing Orders committed a new offence during the trial period and resulted in a conviction under the Act of 16 March 1968 on the Police of Road Traffic.
Paragraph 1er also applies if the measure is taken at the same time for an offence under the Act of 16 March 1968 concerning the police of road traffic or its enforcement orders and for an offence under articles 419 or 420 of the Criminal Code.
In this case also, the procedure provided for in § 2, paragraphs 2 and 3, is applicable. »;
2° in paragraph 2, paragraph 2, the words "or, in the case provided in § 1erter, before the police court in the place of the offence, are inserted between the words "of his residence" and the words ", within the same time frame. "
CHAPTER 4. - Amendments to the Act of 21 June 1985 on the technical conditions to be met by any ground vehicle, its components and safety accessories
Art. 30. In Article 3, § 1erof the Act of 21 June 1985 on the technical conditions to be met by any ground vehicle, its components and safety accessories, the following amendments are made:
1° paragraph 2 is replaced by the following:
"Automatic devices may, under the same conditions as those referred to in section 62 of the Highway Traffic Police Act of 16 March 1968, be used to detect offences under this Act and its enforcement orders. »;
2° paragraph 1er is supplemented by three subparagraphs as follows:
"The qualified officers referred to in paragraph 1er note these offences by minutes that are believed to prove otherwise.
A copy of these minutes is sent to the offender within fourteen days of the date of the finding of the offence.
The provisions of title V, chapter IVbis of the Act of 16 March 1968 on the police of road traffic are also applicable to these offences. "
Art. 31. In Article 4, § 4, of the Law of 21 June 1985 on the technical conditions to which any vehicle of carriage on the ground, its elements and the security accessories, inserted by the law of 5 April 1995, in the Dutch text, the word "opgelegd" is replaced by the word "geïmmobiliseerd".
Art. 32. In Article 4bis, § 1erParagraph 1er, from the law of June 21, 1985 on the technical conditions to which any vehicle of carriage by land, its elements and the safety accessories, inserted by the law of May 15, 2006, the words ", on the occasion of road technical inspections of commercial vehicles" are repealed.
CHAPTER 5. - Amendment of the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles
Art. 33. In section 29 of the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles, a paragraph written as follows is inserted between paragraphs 1er and 2:
"Automatic devices may, under the same conditions as those referred to in section 62 of the Act of 16 March 1968 on the Road Traffic Police, be used to detect offences under this Act and its enforcement orders. "
CHAPTER 6. - Abrogatory provision
Art. 34. Section 30 of the Act of 7 February 2003 on various road safety provisions is repealed.
CHAPTER 7. - Final provision
Art. 35. The King shall determine the effective date of each of the provisions of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 March 2014.
PHILIPPE
By the King:
Minister of 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,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Parliamentary references:
Documents of the House of Representatives:
53-2880 -2012/2013:
1: Bill
s 2 and 3: Amendments
Number 4: Report
No. 5: Text adopted by the Commission
No. 6: Text adopted in plenary and transmitted to the Senate.
Full report: 30 January 2014.
Documents of the Senate:
5-2466 -2013/2014:
No. 1: Project not referred to by the Senate.