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16 MARCH 1999 An Act to amend the Road Traffic Police Act, coordinated on March 16, 1968 (1)

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 the Dutch text of Article 34, § 2, 3° of the Law on Road Traffic Police, coordinated on 16 March 1968, the words "het in artikel 63, § 1, bedoelde bloedmonster" are replaced by the words "of bloedproef bedoeld in artikel 63, § 1, 1° in 2°".
In the French text of Article 34, § 2, 3, of the same Law, the words "Article 63, § 1^er are replaced by the words "Article 63, § 1^er1° and 2°".
Art. 3. It is inserted in title IV of the Act, a chapter Vbis, which reads as follows:
"Chapter Vbis - Other substances that influence driving capacity
Art. 37 bis. § 1^er. Is punishable by imprisonment from fifteen days to six months and a fine from 200 francs to 2,000 francs or only one of these penalties:
1° Whoever, in a public place, drives a vehicle or mount, or accompanies a driver for learning, while the analysis referred to in article 63, § 1^er, 3° or 4° shows the presence in the body of at least one of the substances that influence the following driving capacity:
- THC;
- amphetamine;
- MDMA;
- MDEA;
- MBDB;
- morphine;
- cocaine or benzoylecgonine
and whose rate is equal to or greater than that set out in Article 63, § 2;
2° anyone who incites or causes to drive a vehicle or mount or to accompany for learning, a person who gives obvious signs of influence following the use of substances referred to in 1° of that paragraph;
3° Whosoever entrusts a vehicle for the purpose of driving or for the purpose of accompaniment for learning, or a mount, to a person who gives obvious signs of influence following the use of substances referred to in 1° of that paragraph;
4° Whoever, in a public place, drives a vehicle or a mount or accompanies a driver for the purpose of learning during the time that it has been prohibited under Article 61ter, § 1^er and § 2;
5° Whoever, without legitimate reason, refused:
- the test referred to in Article 61bis, § 1^er, or
- the blood sample referred to in Article 63, § 1^er3° and 4°;
6° Whoever, in the case provided for in section 61quater, has not issued the driver's licence or the title that is held in place of which he or she has conducted the vehicle or the chosen mount.
§ 2. shall be punished by imprisonment from one month to two years and by a fine of 400 francs to 5,000 francs, or by one of these penalties only, who, after a sentence by application of a provision of § 1^erin the three years, a new offence under this provision began. "
Art. 4. A) Article 38, § 1^er, 1°, of the same law, amended by the laws of 18 July 1990 and 4 August 1996, the words "or 62bis" are replaced by the words "37bis, § 1^er, 1°, 4° to 6° or 62bis; "
B) The same article is supplemented by § 4, which reads as follows:
“§4. The judge must subordinate the reinstatement in the right to conduct the decay of the offence leader mentioned in § 1^er, 1° of this article and presenting a physical defect or affection determined by the King, pursuant to article 23, 3°, to evidence by the fallen that he no longer presents this physical defect or affection.
For these purposes, the latter shall file an application by request to the Public Prosecutor ' s Office before the court which has pronounced the waiver. This court rules without appeal.
If the application is rejected, it may not be renewed before the expiry of a six-month period beginning on the date of rejection. "
Art. 5. In section 44 of the Act, the word "quote" is replaced by the word "appeal".
Art. 6. Section 55, 1° of the Act, as amended by the Act of 18 July 1990, is replaced by the following provision:
“1° in the cases referred to in articles 60, §§ 3 and 4, and 61ter, § 1^er; »
Art. 7. In the Dutch text of Article 59, § 1^er, 3°, of the same law, amended by the law of 18 July 1990, the words "aanstalten maakt" are replaced by the words "op het punt staat".
Art. 8. In the Dutch text of Chapter IX of Part IV of the Act and Article 61, paragraph 1^er, of the same law, as amended by the law of 9 July 1976, the words " verbod tot sturen" are replaced by the word " rijverbod".
Art. 9. In Part IV of the Act, a Chapter IXbis is inserted as follows:
“Chapter IXbis. - Other substances that influence driving capacity: test and temporary driving ban
Art. 61 bis. § 1^er. Agents of the authority referred to in Article 59, § 1^er may impose the test set out in § 2 of this article:
1° to the alleged perpetrator of a rolling accident or to any person who has been able to contribute to causing it, even if it is the victim;
2° to any person who, in a public place, drives a vehicle or mount or accompanies a driver for learning;
3° to any person who, in a public place, is about to drive a vehicle or a mount.
§ 2. The test referred to in § 1^er of this article shall be:
1° first 1a observation, by means of a battery of standardized tests, of external signs of presumption of influence of one of the substances fixed below on the driving capacity, and,
2° then, in the case that the tests referred to in 1° confirm the external signs, the taking of a urine sample on which a qualitative immunoassay is performed to determine the presence in the body of at least one of the substances specified below; below the corresponding rate the result of the immunoassay is not considered:
For the consultation of the table, see image
Agents of the authority referred to in Article 59, § 1^ertake the necessary measures related to the material organization for taking the test and the necessary precautions regarding discretion and hygiene so as to respect the privacy and privacy of persons.
§ 3. The collection of test data 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.
§ 4. The costs of the test shall be borne by the person examined if the offence referred to in section 37bis, § 1^er, 1°, is established.
The costs for the intervention of a doctor are also borne by the person examined if the refusal referred to in section 61ter, § 1^er, 3°, is not founded.
Art. 61ter. § 1^er. The conduct, in a public place, of a vehicle or of a frame or driving accompaniment is prohibited to any person who drives a car or a mount, prepares to drive or accompanies a driver for learning, for a period of twelve hours from the observation:
1° where the test reveals 1a presence in the body of at least one of the substances referred to in Article 61bis, § 2;
2° where, during the test, 1a urine sample socket may not be carried out or the immunoassay may not be applied and 1a battery of standardized tests referred to in article 61bis, § 2, paragraph 1^er, reveals external signs of presumption of influence of one of the substances set out in that same article;
3° in case of refusal of the test without legitimate reason.
If a person invokes a legitimate ground for that refusal, the agents of the authority referred to in Article 59, § 1^er, require a doctor to judge the reason given. The content of the legitimate motive cannot be revealed by the doctor if it is covered by the medical secret.
If, despite all, the person exhibits external signs of presumption of influence of one of the substances referred to in section 61bis, § 2, 2°, on the driving capacity, the 12-hour driving ban is of good application.
§ 2. Before a person is allowed to re-driver a vehicle or mount in a public place or to accompany the driver for the purpose of learning, a new test, as referred to in Article 61bis, § 1^er, it is imposed on him.
The driving ban is renewed each time for a period of six hours when the test reveals 1a presence in the body of one of the substances referred to in Article 61bis, § 2, or if in the case referred to in § 1^er2°, of this article, external signs of presumption of influence of one of these substances on 1a driving capacity.
§ 3. Agents of the authority referred to in Article 59, § 1^er, are responsible for the application of this article.
Art. 61quater. - Any person subject to the driving ban referred to in section 61ter is required to hand over, on the invitation made by 1a police or the gendarmerie and for the duration of the driving ban, the driver's licence or the title held therein by that person.
If it cannot be done immediately at this discount or if the person subject to the prohibition is not required to hold a driver's licence or a title that takes place, the vehicle or frame that it was conducting or was about to drive is held at its own expense, risk and risk.
At the expiry of the prohibition period, the driver's licence or the title of the licence shall not be returned when the licence is applied to section 55. "
Art. 10. In the Dutch text of the same law, article 62, paragraph 1^eramended by the law of 4 August 1996, and article 63, § 1^er, as amended by the Act of 18 July 1990, the word "overheidsagenten" is replaced by the word "overheidspersonen".
Art. 11. In section 63 of the Act, as amended by the Act of 18 July 1990, the following amendments are made:
A) in the Dutch text of § 1^er the words "verplichten een bloedmonster te laten nemen" are replaced by the words "een bloedproef laten ondergaan";
B) § 1^er is completed with the following provisions:
"3° in case the test referred to in Article 61bis, § 2, 2°, shows the presence in the body of at least one of the substances referred to therein;
4° in case either the test referred to in Article 61bis could not be carried out, § 1^er, it has been denied for legitimate reasons and that the person has external signs of presumption of influence of one of the substances referred to in § 2 of the same section on the driving capacity or is in a state similar to the intoxication referred to in section 35. »;
C) §§ 2 and 3 are replaced as follows:
“§2. In the case of § 1^er, 3° and 4°, of this article the analysis of blood consists of a quantitative determination in the plasma by means of chromatography in gas phase-mass appearance with use of internal standards deuterized for one or more of the following substances; below the corresponding rate the analysis is not taken into consideration:
For the consultation of the table, see image
§ 3. Agents of the authority referred to in Article 59, § 1^er, undergo a blood sample by a doctor required for this purpose to the persons referred to in 1° and 2° of the same paragraph, at the request of the latter and as counter-experts:
- if the analysis of the breath obtained after application of Article 59, §3, measures a concentration of alcohol of at least 0.35 milligrams per litre of expired alveolar air;
- in cases provided for in § 1^er3° and 4° of this article.
§ 4. The costs of blood collection and analysis are borne by the person examined:
- if the offence provided for in article 34, § 2, 1°, is established, or
- if the offence provided for in Article 37bis, § 1^er, 1°, is established.
§ 5. The collection of blood sample data provided for in § 1^er, 3° and 4° of this section is limited to data strictly necessary for the establishment of 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. 12. In section 68 of the Act, amended by the Act of 18 July 1990, the words "and 35" are replaced by the words ", 35 and 37 bis, § 1^er1° and 4° to 6°. "
Promulgate this law, order that it be clothed with the seal of the State and published by 1st Belgian Monitor.
Given in Brussels on 16 March 1999.
ALBERT
By the King:
The Minister of the Interior,
L. VAN DEN BOSSCHE
Minister of Justice,
T. VAN PARYS
Secretary of State for Security,
J. PEETERS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Documents of the House of Representatives:
- 1840 - 98/99:
Number 1: Bill. - Number two: Report. - No. 3: Amendment. - No. 4: Text adopted in plenary and transmitted to the Senate.
Annales de la Chambre : 21 janvier 1999.
Documents of the Senate:
1-1241 - 1998/1999:
No. 1: Project transmitted by the House of Representatives. - Number two: Report. - No. 3: Text adopted by the commission.
Annales du Sénat : 3 et 4 mars 1999.