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XII. The infractions

Chapter 1: Regulation

Who can report an infraction?

These are the qualified agents in uniform or not who are competent in this matter:

  • Federal and local police
  • Customs agents
  • Military police when they regulate traffic
  • Competent agents of public transport companies, when a driver obstructs or prevents the passage of a bus or tram
  • The railway police

Qualified agents are authorized to give injunctions to users , which they must comply with .

.Some people are not qualified to regulate traffic, but can give instructions which must be obeyed

  • Authorized marshals during a sporting competition
  • Supervisors authorized to ensure the safety of children, schoolchildren and elderly people crossing
  • Road captains who ensure the safety of motorcycle groups
  • Military personnel authorized when moving military columns
  • Site supervisors

These people use the C3 signal to stop traffic.

Offenses are divided into several levels

1.Administrative offenses

  • These are offenses  relating to paid or limited-time parking  where use of the disc is compulsory.
  • Examples  : a paid zone and you do not pay or a blue zone and you do not put the parking disc.

Consequence:   administrative fine  , you receive a fine on your windshield  to be paid within 5 days.

 

2. First degree offenses and speeding of more than 10 km/h

  • These are offenses of  a low-risk nature.

Consequence:  immediate perception  , you receive by post a fine  to be paid within 5 days.

 

3. Second degree offenses

  • These are offenses which indirectly endanger the safety of people.
  • Examples : telephone while driving, not giving priority to the right when required to do so, not respecting the STOP or the triangle on point, etc.

Consequence:  immediate perception you receive by post a fine to be paid within 5 days.

If you do not pay, the file is transferred to the public prosecutor’s office who will offer you a transaction.

If the transaction is not paid, the file will be sent to court and the judge may order a forfeiture.

 

4. Third-degree offenses and speeding of more than 30 km/h outside built-up areas and more than 20 km/h in built-up areas (- 5 points)

  • These are offenses that directly endanger the safety of people.
  • Examples:  not complying with an order from a qualified agent, driving in the wrong direction, crossing a solid white line, etc.

Consequence: immediate perception , you receive by post a fine to be paid within 5 days.

If you do not pay, the file is transferred to the public prosecutor’s office who will offer you a transaction.

If the transaction is not paid the file will be sent to court and the judge can pronounce a forfeiture.

For young drivers (licensed for less than 2 years) the judge must pronounce a disqualification for this type of offense.

 

5. Fourth degree offenses and speeding of more than 40 km/h outside built-up areas and more than 30 km/h in built-up areas (- 5 points)

  • These are offenses which directly endanger the safety of people and are likely to cause almost irreparable physical damage in the event of an accident.
  • Examples : failure to comply with a stop order from a qualified agent, offenses on level crossings, on motorways and motor roads, etc.

Consequence: you will be summoned to court to appear before the judge and he must pronounce a disqualification from driving. 

 

6. Major offenses

  • Examples : hit and run, driving the wrong way, false declaration to obtain a driving license, drunkenness, impregnation, drugs, radar detector, accident with injuries, etc.

Consequence: you will be invited to appear before the judge and he must pronounce the forfeiture of your driving license.

 

7. Immediate withdrawal of driving license

Who can order it?

  • Immediate withdrawal is ordered by the King’s prosecutor (magistrate) .
  • In the case of excessive speed, a judicial police officer, auxiliary to the King’s Prosecutor, can also order immediate withdrawal.

How long does the immediate withdrawal of the license last?

  • 15 days to 6 months maximum.
  • When it expires, you get your driving license back without taking a test.

Who will execute it?

  • It is the police officer who will have this task at the time of the incident.
 

8. Forfeiture as a penalty

Disqualification from driving is a sentence handed down by the judge.   The judge temporarily or permanently suspends your right to drive a motor vehicle.

How long does the license withdrawal last?

  • 8 days to 5 years or even lifetime.

Who is competent?

  • It is the judge who can order a forfeiture of the right to drive a motor vehicle.

When can he do it?

  • Several months after the incident.

When does the execution take place?

  • The forfeiture begins on the 5th day following the judge’s decision.

What is the deadline for returning your driving license?

  • Within 4 days following the date of the judgment.

The judge may require you to take one or more exams to reinstate your right to drive.

The exams may be as follows:

  • Theoretical
  • Practical
  • Medical
  • Psychological
  • General interest work
 

9. Disqualification due to physical incapacity

It is pronounced by the judge, if on the occasion of a conviction either for an offense or for a driving accident, the culprit is found physically or psychologically incapable of driving.

Execution:

  • The forfeiture begins as soon as the judge pronounces it.
  • The permit must be submitted to the clerk of the court which rendered the decision.

Traffic permitted in both directions after a one-way section of roadway.

This sign is placed in the immediate vicinity of the danger and not 150 meters away.

I test my knowledge with questions

Chapitre 1: La réglementation