An Act To Amend The Law On Road Traffic Police, Coordinated March 16, 1968

Original Language Title: Loi modifiant la loi relative à la police de la circulation routière, coordonnée le 16 mars 1968

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Posted the: 2012-06-25 Numac: 2012014229 FEDERAL PUBLIC SERVICE mobility and transport April 22, 2012. -Act to amend the law on road traffic police, coordinated on March 16, 1968 ALBERT II, King of the Belgians, to all, present and future, 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 77 of the Constitution.
CHAPTER 2. -Modification of s. road traffic police act of March 16, 1968 2. in title V of the law of March 16, 1968 on road traffic police, an II/1 chapter is inserted after chapter II, as follows: chapter II/1. -Order of payment art. 65/1. § 1. When the amount referred to in article 65, § 1, has not been paid within the time limits laid down by the King, the Crown Procurator may give order the offender to pay this sum within a period of forty-five days from the day of mailing of the order.
This order is forwarded to the offender by judicial fold and include at least: 1 ° the date;
2 ° the incriminated facts and the legal provisions violated;
3 ° the date, time and place of the offence;
4 ° the identity of the offender or, failing that, of the holder of the registration plate of the vehicle with which the offence was committed;
5 ° the reference amount referred to in article 65 § 1 and, where appropriate, the proposal of extinction of public action by the payment of the sum in question;
6 ° day where or the period in which the amount must be paid at the latest;
7 ° the manner in which, the period within which and the secretariat of the parquet with which a claim may be made.

§ 2. The offender may lodge a complaint with the Prosecutor of the King within thirty days of the day of submission of the payment order.
This claim is motivated and contains election of domicile in Belgium, if the applicant is not domiciled. It is introduced by the offender or its Board by means of a request filed with the secretariat of the Prosecutor's office or sent to the Prosecutor's office by registered letter. In the latter case, the date of the registered letter is worth as the date of filing of the claim.
The request must include, on pain of nullity, either the reference of the payment order, either, in the annex, the original or a copy of the payment order.
3. The Prosecutor may accept the claim, in which case it shall inform the offender. If he does not accept the claim, the competent court is seized of the case by citation in accordance with articles 145 et seq. of the Code of criminal procedure.
The applicant is deemed to have waived its claim so himself or his lawyer does not appear.
In accordance with article 172 of the Code of criminal procedure, the judgment of the tribunal de police is likely to appeal to the Criminal Court.
The applicant is deemed to have waived its claim so himself or his lawyer does not appear.
§ 4. If the offender has not submitted claim within thirty days from the date of sending of the payment order, and did not pay the sum proposed therein, the payment order becomes enforceable right. The Prosecutor transmits a copy of the order to the competent authority of the Service public federal Finance, which may recover the amount by any legal means.
§ 5. Where the offender proves that he could not take knowledge of the payment order within the period specified in § 2, he can still make the claim referred to in paragraph 2 within a period of fifteen days following the day on which it became aware of the order in question.
Where the offender proves that he has had no knowledge of the payment order, it can still make the claim referred to in paragraph 2 within a period of fifteen days following the first execution of the somme act carried out by the competent authority of the Service public federal Finance or continuation thereof.
§ 6. The complaint lodged on time suspends execution of the payment order.
CHAPTER 3. -Disposition transitional art.
3. the provisions of title V, chapter II/1 of the law of March 16, 1968 shall apply to the offences provided for in article 65 § 1 of the Act, that are found after the coming into force of section 2 of this Act.
CHAPTER 4. -Provisions repealing art.
4. the 2 ° bis of article 590 of the Code of criminal procedure, as amended by the Act of February 21, 2010, is repealed.
S. 5. article 31 of the Act of February 7, 2003, containing various provisions on road safety is hereby repealed.
CHAPTER 5. -Disposition final art.
6 this Act comes into force on January 1, 2013.
The King may set a date of entry into force prior to the date referred to in the first subparagraph.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
ALBERT by the King: the Minister of the Interior, Ms. J. MILQUET 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: Senate: 5-54 - H.E. 2010: parliamentary Documents. -Proposal of Ms. Taelman Act, no. 1. Amendments, no. 2. -Notice of the State Council, no. 3. -Amendments Nos. 4 and 5.
-Report, no. 6. -Text adopted by the commission, no. 7. -Text adopted in plenary meeting and transmitted to the House of representatives, no. 8.
Annals: February 16, 2012.
DOC 43 2074 / (2011/2012): House of representatives: parliamentary Documents. -Draft transmitted by the Senate, no. 1. -Report No. 2. -Text corrected by the commission, no. 3. -Text adopted at the plenary and subject to Royal assent, no. 4.
Full report: March 29, 2012.