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12 JULY 2009. - An Act to amend the Road Traffic Police Act, coordinated on 16 March 1968, with respect to the use of ethyotest anti-starting

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In chapter V of the Act of 16 March 1968 on the Police of Road Traffic, an article 37/1 is inserted as follows:
"Art. 37/1. In the event of a conviction of the head of an offence under sections 34, § 2, 35 or 36, the judge may, if he fails to give a final deletion of the right to drive a motor vehicle, limit the validity of the driver's licence, for a period of not less than one year to not more than five years, to motor vehicles equipped with an anti-maintainment ethylotest, provided that the master's performance, in both The judge may decrease the fine of all or part of the cost of installing and using an anti-starting ethylotest in a vehicle, as well as the cost of the supervision program, without it being able to rise to less than one euro.
A person shall be liable to imprisonment for a period of one month to five years and to a loss of the right to drive a motor vehicle for a period of one year to five years or for a final period of one or more years, or only to a person convicted of an offence under paragraph 1^er and drives a motor vehicle that is not equipped with an anti-starting ethylotest or, as a driver, does not meet the conditions of the steering program".
Art. 3. Section 51 of the Act, last amended by the Act of 20 July 2005, is supplemented by a 4th drafted as follows:
"4° in case of conviction for an offence referred to in section 37/1, paragraph 2. "
Art. 4. In title IV of the Act, a chapter X is inserted entitled:
"Chapter X - Vehicles equipped with anti-start ethylotest in case of conviction."
Art. 5. In Part IV, Chapter X of the same Act, inserted by Article 4, it is inserted an article 61quinquies, as follows:
"Art. 61quinquies. § 1^er. The driver shall meet the conditions referred to in paragraphs 2 to 4 when the driver's licence is valid only for the conduct of motor vehicles equipped with an anti-starting ethylotest referred to in section 37/1, paragraph 1^er.
§ 2. The vehicle is equipped with a system that prevents it from starting when the system finds that the driver has a alcohol concentration of at least 0.09 milligrams per litre of expired alveolar air.
§ 3. During the period for which the validity of the driver's licence is limited to motor vehicles equipped with an anti-start ethylotest, the driver meets the requirements of the King's supervision program.
§ 4. The driver is responsible for the installation and use costs and the costs of the frame program. "
Art. 6. In Part IV, Chapter X of the same Act, inserted by Article 4, an article 61sexies is inserted, as follows:
"Art. 61sexies. The King defines the conditions applicable to the system referred to in Article 61quinquies. "
Art. 7. This Act comes into force on 1^er October 2010.
The King may set a date of entry into force prior to that mentioned in the preceding paragraph.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 July 2009.
ALBERT
By the King:
The Prime Minister,
H. VAN ROMPUY
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
House of Representatives.
Session 2008-2009
Parliamentary documents.
1856/1 - Bill
1856/2 - Addendum
1856/3 - Opinion of the State Council
1856/4 - Amendments
1856/5 - Amendments
1856/6 - Report
1856/7 - Text adopted by the Commission on Infrastructure, Communications and Public Enterprises
1856/8 - Amendment
1856/9 - Bill amending the Road Traffic Police Act, coordinated on March 16, 1968, with respect to the use of ethyotest anti-starting - Text adopted in plenary and transmitted to the Senate
Annales parlementaire
Session of 4/6/2009
Senate
Session 2008-2009
Parliamentary documents
4-1350/1 - Bill transmitted by the House of Representatives (Project not referred to by the Senate)