Belgium implements mandatory vehicle forfeiture for driving bans

Starting November 1, Belgian drivers convicted of operating a vehicle while under a driving ban will face mandatory vehicle forfeiture if they own the vehicle. This new regulation, stemming from a law published in the Belgian Official Gazette on August 31, amends the Road Traffic Act of 1968.

Previously, judges had the discretion to seize a vehicle used during a driving ban, but it was not a requirement. Under the new rules, the judge must order the forfeiture of the vehicle to the state, which may then be sold publicly, unless the judge provides an explicit motivation for deviating from this rule.

The measure is designed to increase the effectiveness of driving bans by targeting individuals who ignore legal restrictions. The mandatory forfeiture specifically applies when the convicted driver is the owner of the vehicle. It does not automatically apply if the driver is using a vehicle owned by an employer or a partner.