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20 JULY 2005. - An Act to amend the co-ordinated Acts of 16 March 1968 concerning the Police of Road Traffic (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the laws relating to the traffic police coordinated on 16 March 1968
Art. 2. Article 1^er the following amendments are made to the Road Traffic Police Acts, coordinated on 16 March 1968, as amended by the Act of 5 August 2003:
1° paragraph 2 is supplemented by the following sentence:
"With respect to the registration of vehicles, only the fees relating to the booking of a personalized registration may give rise to the collection of a royalty. »;
2° in paragraph 3, the second sentence is deleted.
Art. 3. With respect to the federal authority:
- Article 2, first paragraph, second sentence of the coordinated laws of 16 March 1968 relating to the traffic police;
- Article 2, second paragraph of the same coordinated laws;
- Articles 2bis and 7 of the same coordinated laws;
- References to Article 2bis to Articles 12 and 17 of the same coordinated laws.
Art. 4. Section 10 of the same coordinated laws is replaced by the following provision:
“Art. 10. - As it applies to permanent or periodic situations, the traffic police is exempt from the provisions of the new municipal law of 26 May 1989. »
Art. 5. In section 12 of the same coordinated laws, paragraph 2 is replaced by the following paragraph:
"The same is true of the measures taken by the municipal authorities to settle occasional situations under the new communal law of 26 May 1989. »
Art. 6. In Article 25, § 6 of the same coordinated laws, the word "franc" is replaced by the word "euro".
Art. 7. Section 29 of the same coordinated laws, replaced by the Act of 7 February 2003 on various road safety provisions, is replaced by the following:
“Art. 29. § 1^er. The King may, by order deliberately in the Council of Ministers, designate as such as offences of the fourth degree the offences under the regulations made pursuant to these coordinated laws which directly endanger the safety of persons and which are likely to lead almost irremediably to physical damage during an accident and the offences that consist in neglecting an order to arrest a qualified officer. These offences are punishable by a fine of 40 euros to 500 euros and a loss of the right to drive a motor vehicle for a period of not less than eight days and not more than five years. When the judge fails to pronounce the decision to conduct the decision, he or she motivates that decision.
The King may, by order deliberately in the Council of Ministers, designate as such offences of the third degree the offences under the regulations made pursuant to these coordinated laws that directly endanger the safety of persons and the offences that involve neglecting a qualified officer's injunction. These offences are punishable by a fine of 30 euros to 500 euros.
The King may, by order deliberately in the Council of Ministers, designate as such a second-degree offence offences the regulations made pursuant to these coordinated laws that indirectly endanger the safety of persons and the offences that consist in the use without right of parking facilities for persons with disabilities. These offences are punishable by a fine of 20 euros to 250 euros.
§ 1^erbis. Any order taken pursuant to § 1^er of this section which is not confirmed by law within twelve months after its entry into force, ceases to produce its effects.
§ 2. Other offences under the regulations made pursuant to these coordinated laws are offences of the first degree and are punished by a fine of 10 euros to 250 euros.
Limited-term parking, paid parking and parking on the sites reserved for residents defined in the above-mentioned regulations are not penalized, except for semi-monthly alternate parking, long-term parking limitation and parking fraud with the parking disc.
§ 3. The exceedance of the maximum authorized speed determined in the regulations made pursuant to these coordinated laws shall be punished by a fine of 10 euros to 500 euros.
The judge takes into account the number of kilometres per hour with which the maximum speed is exceeded.
In addition, the following offences are punishable by a loss of the right to drive a motor vehicle for at least eight days and not more than five years:
- the maximum permissible speed exceeding 40 kilometres per hour, or:
- the maximum allowable speed of more than 30 kilometres per hour in an agglomeration, in an area 30, near schools, in a meeting area or residential area.
When the judge fails to declare the right to conduct a decision, he shall justify that decision.
§ 4. In case of mitigating circumstances, the fine can be reduced without being less than a euro.
If, for the same facts, a waiver of the right to conduct and a fine is imposed, the judge may then decrease the fine of the costs to be paid by the person concerned for the reinstatement examinations and the fees of the doctor and psychologist without being able to rise to less than one euro. Only fees paid by the individual for the first reinstatement review and related fees are taken into account. The costs to be paid by the person concerned for reintegration examinations and related fees are lump sums fixed by the King.
The fines are doubled if there is a recidivism of an offence referred to in subsection 1 or three in the year of a previous judgment, which is in condemnation and in force of a judgment. »
Art. 8. In section 30 of the same coordinated laws, as amended by the laws of 18 July 1990 and 7 February 2003, the following amendments are made:
1° In § 2, the word "franc" is replaced by the word "euro";
2° is inserted a § 4 written as follows:
“§4. Penalties are doubled if there is a recidivism in the year of an earlier judgment in which a conviction is pronounced and passed into force. »
Art. 9. Article 37bis, § 2, of the same coordinated laws is supplemented as follows:
"In the event of further recidivism in the three years since the second conviction, the prison sentences and fines provided above may be doubled. »
Art. 10. Section 38 of the same coordinated laws, as amended by the laws of 18 July 1990, 16 March 1999 and 7 February 2003, are amended as follows:
1° to § 1^er, 1°, the words "1° and 4° to 6°" are deleted;
2° § 1^er, 3°, is replaced by the following:
"3° if he condemns the head of one of the 2 offences^eor 3^e degree referred to in Article 29, § 1^er; »
3° § 1^er is completed by a 3°bis written as follows:
"3°bis if it condemns the head of a exceedance of the maximum authorized speed determined in the regulations made in accordance with these coordinated laws, on the basis of Article 29, § 3, when:
- the maximum speed is exceeded by more than 30 kilometres per hour and by a maximum of 40 kilometres per hour, or:
- the maximum permissible speed is exceeded by more than 20 kilometres per hour and by a maximum of 30 kilometres per hour in a population area, in an area 30, near schools, in a meeting area or residential area. »;
4° to § 1^er5°, the words "in articles 30, § 1^er33, § 1^er or 48, § 2 are replaced by the words "Articles 30, § 1^er or 33, § 1^er »;
5° in § 2, the word "419bis" is replaced each time by the word "419" and the word "420bis" by the word "420" and paragraph 1^erthe words "29, § 1^er are replaced by the words "29, §§ 1^er and 3. »;
6° § 2bis is replaced by the following provision:
Ҥ 2bis. - The judge may order, in respect of any driver with a driver's licence or a title held therein, that the effective termination shall be carried out only:
- from Friday 20 hours to Sunday 20 hours;
- from 20 hours the day before a holiday until 20 hours on the same holiday »
7° to § 4, the words "30, paragraph 1^er, 3°" are replaced by the words "30, § 1^er3°".
Art. 11. In the title IV, chapter VI, section II, of the same coordinated laws, the words "or psychic" are inserted after the words "physical incapacity".
In section 42 of the same coordinated laws, the words "or psychically" are inserted between the words "physically" and "incompetent".
In article 43 the words "or psychic" are inserted after the words "physical incapacity".
In article 44 the words "or psychic" are inserted after the words "physical incapacity".
Art. 12. Section 45, paragraph 2, of the same coordinated laws is replaced by the following paragraph:
"When the offence has been committed with a motor vehicle, the loss must apply at least to the category of vehicles with which the offence that gave rise to the loss was committed. »
Art. 13. Section 53 of the same coordinated laws is replaced as follows:
“Art. 53. - In the event of a temporary immobilization, the vehicle is immobilized at the expense and risk of the offender. »
Art. 14. In the same coordinated laws, an article 54bis is inserted, which reads as follows:
"Art. 54bis. - In the case of parking offences determined by the King, a sabot may be used to immobilize the vehicle. »
Art. 15. In section 55 of the same coordinated laws, as amended by the laws of 18 July 1990, 4 August 1996 and 16 March 1999, the following amendments are made:
1° In the first paragraph, 5° is replaced by:
"5° if the driver has committed one of the offences referred to in section 29 and specially designated by the King, of the second, third or fourth degree or if the driver has committed an excess of the maximum permissible speed of more than 20 kilometres per hour in agglomeration, zone 30, near schools, in a residential area or meeting area or if the driver has committed an excess of the maximum authorized speed of more than 30 kilometres;
2° in paragraph 3, the words ", or by the military auditor when the offence is within the jurisdiction of the war council" are deleted and the words "or by the general auditor near the military court when the facts are within the jurisdiction of one of these courses" are replaced by "when the facts are within the jurisdiction of that court";
3° in paragraph 4, the words "or gendarmerie" are deleted;
4° in paragraph 5, the words "or gendarmerie" are deleted.
Art. 16. In the same coordinated laws, an article 55bis is inserted, which reads as follows:
"Art. 55bis. § 1^er. The King's Prosecutor may request a withdrawal order of up to three months from the police court.
There will be at least seven days between the summons and the appearance.
Section 146, paragraphs 2 and 3, of the Code of Criminal Investigation is applicable.
Without prejudice to the legal provisions, the citation sets out the facts that are borne by the person cited at this stage of the instruction.
§ 2. The police court shall rule in public sitting within fifteen days of the decision to withdraw by the public prosecutor.
The withdrawal extension order clearly indicates, but may be concise, the facts that are dependant on the person cited at this stage of the investigation and the reasons why the judge extends the withdrawal decided by the King's Prosecutor.
The decision on costs is reserved so that it can be decided in the matter in accordance with section 162 of the Code of Criminal Investigation.
This withdrawal extension order is subject to opposition only in accordance with section 187, paragraphs 1^er 4, Criminal Code.
The opposition does not suspend the execution of the withdrawal decision.
§ 3. The police judge on the merits is not bound by the facts as described at the time of issuance of the withdrawal extension order.
§ 4. By derogation from § 1^er, the Crown Prosecutor or, by delegation, a judicial police officer may, at the time of the withdrawal, cite the perpetrator of the offence to appear before the police court or the correctional court within fifteen days.
He informs him of the decision to request an order to extend the withdrawal, sets out the facts brought to his office, communicates to him the place, date and time of the hearing of the police court and the information that he has the right to choose a lawyer.
This notification and communication are referred to in a report, a copy of which is given immediately.
This notification is a summons to appear before the police court.
§ 5. The King's Attorney may apply, in charge of the perpetrator of the offence, a renewal order for the maximum three-month extension to the police court.
He assigns the interested person in accordance with § 1^erno later than fifteen days before the expiry of the original order period.
§ 6. The police court shall decide in public proceedings in accordance with §§ 2 and 3 before the expiry of the original extension order.
§ 7. By derogation from § 6 and provided that the King's prosecutor has assigned the merits for the same hearing, the police court may know immediately from the merits of the case. »
Art. 17. In section 56 of the same coordinated laws, point 1° is replaced by:
"1° after fifteen days, unless the police court extended the period; "
In the same article, after point 1°, a new point 2° is introduced as follows:
"2° after expiry of the period extended by the police court; "
The old 2° and 3° become 3° and 4°.
Art. 18. In Article 57 of the same co-ordinated laws, as amended by the law of 9 July 1976, the words "in Article 46, §§ 2 to 6" are replaced by the words "in the rules taken under Article 46".
Art. 19. The following amendments are made to section 58bis of the same coordinated laws:
1° to § 1^erParagraph 1^er, inserted by the law of 7 February 2003, the words "in Article 30, § 3" are replaced by the words "in Article 30, §§ 1^er to 3".
2° in § 2, the words "sealed or put to the chain" are replaced by the word " immobilized".
Art. 20. In the titles of title IV, chapters VII and VIIIbis of the same coordinated laws, in the Dutch text, and articles 50, 51, 54, 58bis and 65ter of the same coordinated laws, in the Dutch text, the word "oplegging" is replaced each time by the word " immobilisering" and article 65ter, § 6, in the Dutch text, the word "opleggen" is replaced by the word "imper".
Art. 21. Article 59, § 1^erParagraph 1^erthe following amendments are made:
1° The words "and the military listener" are deleted;
2° The words "the staff of the gendarmerie and the local police" are replaced by the words "the personnel of the federal and local police operational framework".
Art. 22. In section 61 of the same coordinated laws, the words "or gendarmerie" are deleted.
Art. 23. In section 61quater of the same coordinated laws, the words "or gendarmerie" are deleted.
Art. 24. In Article 68 of the same coordinated laws, the words "and § 3" are inserted between the words "30, § 1^er and ", 33".
CHAPTER III. - Amendments to the Act of 22 February 1965 allowing municipalities to establish parking fees for motor vehicles
Art. 25. In the only section of the Act of 22 February 1965 allowing municipalities to establish parking fees for motor vehicles, the words "parking fee" are replaced by "retribution or parking fee" and the words "motor vehicles" are replaced by "motor vehicles, their trailers or elements".
In the only section of the Act, a sentence is added as follows:
"This law is not applicable for semi-monthly alternate parking and for the limitation of long-term parking. »
CHAPTER IV. - Amendments to the Code of Criminal Investigation
Art. 26. In section 138 of the Code of Criminal Investigation, the following amendments are made:
1° to 6°bis the word "420bis" and replaced by the word "420";
2° to 6°ter, inserted by the law of 11 July 1994, the words "at section 22" are replaced by "at sections 22, 23 and 26".
Art. 27. In section 195 of the same Code, as amended by the laws of 27 April 1987 and 24 December 1993, the following amendments are made:
1° in paragraph 2, the words "it can take into account" are replaced by the words "it takes into account";
2° the following paragraph is inserted between paragraphs 2 and 3:
"The judge may impose a fine less than the legal minimum if the offender submits any document that demonstrates his precarious financial situation. »
CHAPTER V. - Amendments to the Criminal Code
Art. 28. Article 419 of the Criminal Code adds a paragraph, which reads as follows:
"When death is the result of a traffic accident, imprisonment will be three months to five years and the fine of 50 euros to 2000 euros. "
Art. 29. In article 420 of the same Code, a paragraph is added, which reads as follows:
"When beatings or injuries are the result of a traffic accident, imprisonment will be eight days to one year and the fine of 50 euros to 1,000 euros. "
Art. 30. Sections 419bis and 420bis of the same Code are repealed.
CHAPTER VI. - Transitional provisions and entry into force
Art. 31. This Act applies to offences committed from the day this Act comes into force.
For offences committed prior to the day of entry into force of this Act, the provisions of the Coordinated Act of 16 March 1968 on the Road Traffic Police remain applicable as they were on the day of the offence.
Art. 32. With the exception of this section, the King shall determine the effective date of each of the provisions of this Act.
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 20 July 2005.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Minister of Mobility,
R. LANDUYT
Seal of the state seal:
For the Minister of Justice, absent,
Minister of Defence
A. FLAHAUT
____
Notes
(1) Regular meeting 2004-2005
House of Representatives.
Parliamentary documents:
Bill No. 51-1428/1.
Amendments n^bones 51-1428/2 to 8.
Opinion of the Council of State No. 51-1428/9.
Report No. 51-1428/10.
Text adopted by Commission No. 51-1428/11.
Amendments: n^bones 51-1428/12 and 13.
Supplementary report: No. 51-1428/14.
Articles modified by Commission No. 51-1428/15.
Text adopted in plenary and transmitted to the Senate No. 51-1428/16.
Parliamentarians: Discussion and adoption. Session of June 30, 2005.
Senate.
Parliamentary documents:
Project referred to by the Senate: No. 3-1269/1.
Report made on behalf of the Commission: No. 3-1269/2.
Decision not to amend: No. 3-1269/3.