It happens to everyone: you get caught with a speeding camera on the way to work. Some time later, an official notice arrives in the mail, which is often paid without a dispute. However, if the car is registered in the name of the company, it is advisable to read the report carefully and inform the public prosecutor of the driver's identity in good time. If you fail to do so, you risk having to pay twice: once for the traffic violation and once for not identifying the natural person.
Legally required to identify natural person
If you receive a police report for a traffic violation with a car registered in the name of the company, you need to pay extra attention. It is obvious that a company cannot commit a traffic offence itself and the legislator therefore wants to target the correct natural person. The Road Traffic Act therefore stipulates that when a traffic offence is committed with a vehicle registered in the name of a legal entity. The identity of the driver must be provided within 15 days of the date on which the request for information accompanied by the copy of the report was sent.
In concrete terms, this means that together with the official report, you will receive an information form on which you must declare the natural person director. It is important to note that the obligation rests on the legal entity or the natural person who represents the legal entity in court, i.e. not on the employee himself.
How do I identify the driver of the traffic violation?
- Log in towww.justonweb.be/fines with the pv number and identification code.
- Click on "dispute" and enter the driver's information on the online form.
- Print the completed form, sign it and send it by mail within 15 days to PB 30046, 1000 Brussels.
If you have reported the identity of the driver in time, the public prosecutor's office has the possibility - if the nature of the offence requires it - to summon the actual driver to appear before the police court. However, if it is a "minor" offense, paying the fine will suffice.
Not identifying is risking additional fine
However, if you have not disclosed the identity of the director on time, a prison sentence and/or a fine may be imposed. In practice, the sanction often means that the company will be fined from a minimum of EUR 1,600 to a maximum of EUR 32,000.
So don't leave received pv's lying around and respond in a timely manner!
Do you have any questions about this? Then contact us here.
Or make here an appointment with your Titeca pro expert.