1. Which document did you receive?

The first thing to figure out is what kind of document you're holding, because that determines the procedure, the deadlines, and the appeal court. The table below gives a one-glance overview.

2. GAS administrative fine

Since the Act of 24 June 2013, Belgian municipalities can sanction minor offences themselves through an administrative procedure instead of criminal law. Classic cases are illegal dumping, dog fouling, nighttime noise and wild postering. Since 2014 certain parking offences (“mixed infractions”) can also be handled as GAS.

Procedure step by step

Maximum amounts: €350 for adults, €175 for minors (14-18).

Legal basis: Act of 24 June 2013 on municipal administrative sanctions (GAS Act), arts. 23-25 (contestation) & 31 (appeal). Royal Decree of 21 December 2013 and applicable municipal bylaws.

3. Parking charge (retribution)

Key distinction: a parking charge is not a fine but a civil fee for use of the public domain. No Prosecutor, no criminal record, no police court. Disputes are heard by the Justice of the Peace.

Consequences of this classification

• Burden of proof: lies with the municipality (or concessionaire), not with you.
• Limitation: 5 years (general civil limitation period).
• No authentic-act rule: unlike a traffic PV, the observation does not constitute an authentic act that can only be rebutted by contrary evidence.
• No criminal consequences: non-payment never leads to a criminal record or driving ban.

Procedure

1. Observation (often by a warden employed by the concessionaire).
2. Notification (ticket under the wiper or by post).
3. Payment or contestation deadline set by the municipal rules.
4. On non-payment: written demand, then potentially summons before the Justice of the Peace.

Legal basis: Municipal Act art. 119; Ministerial Decree of 7 May 1999 (signage and parking regimes); municipal tax or retribution by-law. Constitutional Court judgment no. 59/2008 of 19 March 2008 (qualification as retribution).

4. Traffic PV (Road Traffic Act)

This is criminal territory. The Public Prosecutor is competent. The track has several successive phases, each with its own deadlines and defences.

The five phases

Legal basis: Road Traffic Police Act, coordinated by Royal Decree of 16 March 1968, arts. 29, 62, 65, 65/1, 67ter. Art. 216bis Code of Criminal Procedure (settlement).

5. LEZ fine (Low Emission Zone)

Three Belgian cities run an LEZ: Antwerp (2017), Brussels (2018) and Ghent (2020). Vehicles not meeting the emission standards may not enter without authorisation. Violations are detected automatically by ANPR cameras.

Characteristics

• Administrative sanction: no Prosecutor, no criminal record.
• Amounts: €150 to €350 depending on region and vehicle type.
• Contest: 30 days after notification, with the administration that issued the fine.
• Appeal: Court of First Instance (civil section), within the deadline set by the regional decree (typically 1 month).

Common defences

• ANPR classification error (vehicle misidentified).
• Valid exception (classic car, disability, emergency, healthcare worker).
• Temporary access or day pass obtained but mishandled.
• Defective signage at the zone entrance.
• Privacy violations in the processing chain (art. 32 GDPR, Schrems II).

Legal basis: Flanders — LEZ Decree of 27 November 2015 + Flemish Government Decision. Brussels — Ordinance of 7 June 2018 & BCR Decision. Ghent — municipal by-law based on the Flemish decree.

6. Driver identification request (Art. 67ter RTA)

This is not a fine but a mandatory cooperation obligation. When a PV is drawn up against a vehicle without the driver being identified on the scene, the registration holder must state within 15 days who was driving at the time of the offence.

Special situations

• You were driving: identify yourself.
• Someone else was driving: provide full name, address, and date of birth.
• Legal entity as holder (leased or company car): the legal representative (the manager or the person responsible for the company vehicles) must respond; failure is attributed to them personally.
• You genuinely don't remember: this excuse is very narrow and strictly assessed by the police court. Draft a documented statement (diary, shared use, etc.) and keep evidence.

Legal basis: Art. 67ter RTA (obligation); art. 29ter RTA (sanction for non-response); art. 196 Criminal Code (forgery).

7. What happens if you do nothing?

Ignoring is never the solution. Here is what happens per track when there's no response.

GAS fine

No contest within 15 days → the sanctioning officer decides by default → decision becomes an enforceable title → bailiff collects the fine (wage or bank attachment possible).

Parking charge

No payment → formal demand (with admin costs) → summons to the Justice of the Peace → judgment → enforcement. No criminal consequences but a judicial file and fees.

Traffic PV

No reaction to the settlement → order to pay → no opposition within 30 d → order becomes final → summons to the police court → default judgment possible → 30 d for opposition → then 30 d for appeal → otherwise final → enforcement. A criminal conviction can lead to driving ban, criminal record, and employer notification.

67ter identification

No response within 15 d → separate PV for art. 29ter RTA → same procedure as a regular traffic PV but with an additional fine up to €4 000.

8. Your rights during the procedure

• Right to inspect the file (GAS: art. 25 §2 GAS Act; criminal: art. 61ter CIC).
• Right to be heard for GAS above €70 and at every hearing before a judge.
• Right to counsel at every stage.
• Right to legal aid under certain income thresholds (Act of 19 March 2017).
• Language choice by judicial district (NL/FR/DE).
• Right to a translator/interpreter if you don't master the procedure language.
• Right to information and access to personal data processed about you (arts. 13-15 GDPR).
• Right of access to a judge (art. 6 ECHR) — including appeal to the police court for GAS and LEZ.

9. PVResponse's role and limits

PVResponse is an editorial tool, not a law firm. We automate the drafting of a contestation with technical and legal arguments, but you stay in charge of deciding, submitting, and appearing.

What we do

• Analyse your fine document (OCR + legal classification).
• Audit the issuing authority's website for GDPR, ePrivacy and Schrems II compliance.
• Draft a contestation grounded in privacy violations (art. 32 GDPR, art. 129 Electronic Communications Act).
• Generate a ready-to-send PDF in the correct language.

What we don't do

• Give legal advice (we're not lawyers).
• Act on your behalf in court or before the administration.
• Perform procedural acts (filing with a registry, citations, appeals).
• Decide whether you should pay or contest.

When you need a lawyer

• Summons to the police court or a criminal judge.
• Judgment you wish to appeal.
• Opposition against a default judgment or order to pay.
• Complex traffic law with driving ban, revocation or severe penalties.
• Concurrent proceedings (insurance, employer, etc.).