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22 AVRIL 2012. - An Act to amend the Road Traffic Police Act, coordinated on 16 March 1968

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendment of the Act of 16 March 1968 on the Police of Road Traffic
Art. 2. In Title V of the Act of 16 March 1968 on Road Traffic Police, a chapter II/1 is inserted after Chapter II, which reads as follows:
“Chapter II/1. - Payment order
Art. 65/1. § 1^er. Where the sum referred to in Article 65, § 1^er, has not been paid within the time limits set by the King, the King's Prosecutor may order the offender to pay this amount within forty-five days of the day on which the order is sent.
This order is forwarded to the offender by judicial fold and includes at least:
1° the date;
2° the facts and legal provisions violated;
3° the date, time and place of the offence;
4° the identity of the offender or, if not, the holder of the vehicle registration plate with which the offence was committed;
5° the reference of the sum referred to in Article 65, § 1^er and, where applicable, of the proposal for the termination of public action by the payment of the amount in question;
6° on the day on which the amount is to be paid at the latest;
7° the manner in which, the period in which and the prosecutor ' s secretariat to which a claim may be filed.
§ 2. The offender may file a claim with the Crown Prosecutor within 30 days of the day on which the order of payment is sent.
This claim is motivated and contains an election of domicile in Belgium, if the applicant does not have his domicile. It is filed by the offender or his counsel by means of a request filed with the prosecutor's office or sent to the prosecutor's office by registered letter. In the latter case, the date of sending the recommended letter is as the date of filing the claim.
The request must be limited to nullity, either the reference of the order of payment or, in the annex, the original or a copy of the order of payment.
§ 3. The Crown Prosecutor may accept the claim, in which case he informs the offender. If it does not accept the claim, the competent court shall refer the case by summons in accordance with sections 145 et seq. of the Code of Criminal Investigation.
The claimant is expected to have waived his claim if he or his lawyer does not appear.
Pursuant to section 172 of the Code of Criminal Investigation, the judgment of the police court is subject to appeal to the correctional court.
The claimant is expected to have waived his claim if he or his lawyer does not appear.
§ 4. If the offender has not filed a claim within 30 days of the date of the order of payment, and has not paid the amount proposed in the order of payment, the order of payment becomes enforceable in full right. The Crown Prosecutor shall transmit a copy of the order to the competent administration of the Federal Public Service Finance, which may recover the sum by any means of law.
§ 5. Where the offender proves that he was unable to take note of the order of payment within the period referred to in § 2, he may still introduce the claim referred to in § 2 within fifteen days of the day on which he was aware of the order in question.
Where the offender proves that he has not been aware of the order of payment, he may still introduce the claim referred to in § 2 within fifteen days of the first act of enforced execution of the sum made by the competent administration of the Federal Public Service Finance or the prosecution of the sum.
§ 6. The claim filed within the time limits suspends the execution of the payment order.
CHAPTER 3. - Transitional provision
Art. 3. The provisions of Title V, Chapter II/1 of the Act of 16 March 1968 are applicable to offences provided for in Article 65, § 1^er, of the same law, which are found after the coming into force of section 2 of this Act.
CHAPTER 4. - Abrogatory provisions
Art. 4. 2° bis of section 590 of the Code of Criminal Investigation, last amended by the Act of 21 February 2010, is repealed.
Art. 5. Section 31 of the Act of 7 February 2003 on various road safety provisions is repealed.
CHAPTER 5. - Final provision
Art. 6. This Act comes into force on 1^er January 2013.
The King may set a effective date prior to the date referred to in the first paragraph.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
ALBERT
By the King:
The Minister of the Interior,
Ms. J. MILQUET
The Secretary of State for Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
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Note
(1) Parliamentary references:
Senate:
5-54-S.E. 2010:
Parliamentary documents. - Proposal by Mrs. Taelman, No. 1. Amendments, No. 2. - Opinion of the Council of State, No. 3. - Amendments, n^bones 4 and 5. - Report, number 6. - Text adopted by the Commission, No. 7. - Text adopted in plenary and transmitted to the House of Representatives, No. 8.
Annales: February 16, 2012.
DOC 43 2074/ (2011/2012):
House of Representatives:
Parliamentary documents. - Project transmitted by the Senate, No. 1. - Report, number two. - Text corrected by commission, number 3. - Text adopted in plenary and subject to Royal Assent, No. 4.
Full report: 29 March 2012.