Technical inspection expired? Watch out!

Lauren PolsAdverit Antwerp, Belgium

It seems self-evident that you present your car for the annual technical inspection. If you have purchased a new car, you will be exempt from this obligation for four years.

Thus, Articles 23 and 24 of the Royal Decree of 15 March 1968 stipulate that no vehicle may be present on public roads unless it has a valid inspection certificate or “green card”.

By way of exception, it is permitted to drive without a valid inspection certificate in the following two cases:

  1. The journey between the vehicle inspection center and the residence or registered office of the vehicle’s titleholder, or the journey to the garage that will carry out repairs;
  2. The journey from the Belgian border to the residence or registered office of the vehicle’s titleholder.

Please note! In order to rely on one of these two exceptions, you must take the shortest route.

Moreover, it is not sufficient for a vehicle to merely pass the technical inspection. The green card must be present in the vehicle at all times, so that it can be shown upon any request. The driver of the vehicle must also check for the presence of a valid green card before driving the vehicle on public roads.

If this is not the case, not only does the vehicle’s titleholder risk being summoned before the Police Court, but the driver will also be prosecuted. After being summoned before the Police Court, you risk (either both penalties or one of these penalties alone):

  • Imprisonment of 8 days to 3 months;
  • A fine of €80 to €80,000.

The sentencing ranges are very wide, but can run very high. The maximum penalties will only rarely be imposed, in rather exceptional situations, but the other penalties are not lenient either.

It is therefore better to check the validity period of your technical inspection one time too many rather than too few. Also, if you are allowed to use someone else’s vehicle, it is best to first look for the green card.

Have you been summoned before the Police Court for not having a valid green card? Feel free to contact us at: contact@alisadvocaten.be

Related practice areas

Transport law Civil law

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