Among the numerous offenses committed in Belgium, just over a million are committed by drivers domiciled abroad. Which is not unique to Belgium: according to the European Parliament, 15% of offenses committed on the territory of the European Union are committed by drivers who are not domiciled in the country where they commit the offense. Problem: if the offense is serious enough for a disqualification from driving to be imposed, this driving ban only applies to the country concerned. Not for the other 26 member states of the European Union.
Let’s take the example of a Frenchman who increases the number of serious offenses on Belgian roads. A court could strip him of his right to drive. But on Belgian soil only. So he could very well go home and drive normally. Likewise, he could drive in Italy, Spain, Germany… without ever being worried by the Belgian decision. The reverse is also valid: a Belgian motorist who commits a serious offense in France and has his driving license revoked in France would retain his right to drive in other countries, including Belgium. The only constraint: request a duplicate of your license, the original being blocked in France. As the decision of the French courts is not recognized by Belgium, the latter would have no other choice than to provide it with the said duplicate. Article 50 paragraph 1 of the royal decree of March 23, 1998 relating to the driving license, provides that a “new driving license is issued […] in the event of withdrawal of the driving license by a foreign authority.”
In reality, for a motorist to be deprived of the right to drive in all countries of the European Union, he must commit the offense in his country of domicile. The decision will only apply in his country but as no one will make a duplicate for him and it is forbidden to drive without his physical license, the decision will de facto also apply abroad.
This state of affairs goes against the very fight against road insecurity and gives a certain feeling of impunity to motorists passing through other countries. And who ultimately only risk sanctions in this country. “Currently, if a driver loses their license following a traffic offense in an EU country other than the one that issued their license, in most cases the sanction will only be applicable in the country where the offense has been committed and does not result in any restrictions in the rest of the European Union”, deplores the European Parliament.
Which decided to tackle the problem. Last February, the European hemicycle voted – with 372 votes for, 220 against and 43 abstentions – a draft directive recognizing disqualifications from the right to drive throughout the EU. “In order to ensure that the suspension, restriction or withdrawal of a non-resident’s driving license is applied in all European countries, the new rules require that this decision be passed on to the EU country that issued driving license”, confirms the European Parliament.
Parliament has completed its first reading but the Council has not yet adopted its position. It is the new Parliament which must continue the work. On Tuesday, the Transport Committee of the European Parliament positioned itself in favor of continuing the project. Within a few months, a license withdrawal in a European Union country should therefore be recognized by all of its member states.
