From on February 1, 2021, Flemish cities and municipalities will have the option of issuing GAS fines for minor infractions of speeding on highways with a 30 or 50 km/h speed limit.
Not every speeding offence has a Hefty fine. Only when all five of the following conditions are met can such a fine be imposed:
- The first need is that the offence occurs on a road where the posted speed restriction is 30 km/h or 50 km/h (regardless of who the road authority is).
- The permissible top speed cannot be surpassed by more than 20 km/h as a second requirement (in addition to the technical correction of 6 km). After all, the “limited” speeding offences are the main topic.
- The speeding offence must be captured on camera by a municipal speed camera that belongs to the authority.
- The speeding offence must have been committed by a natural or legal person as the fourth requirement.
- The sole offence committed must have been speeding. This is the fifth requirement. No other offence may be committed concurrently. If the limited speeding offence would also include, say, running a red light, a GAS fine cannot be levied.
Within one month after the offense’s date, the offence report must be given to the sanctioning officer. The five aforementioned requirements must be satisfied in order for the sanctioning officer to grant it.
The sanctioning officer will inform the offender and initiate criminal proceedings if he determines that the aforementioned requirements have not been completed.
If the sanctioning official determines that the aforementioned requirements have been met, he shall give the PV and the Appropriate fine amount to the offender.
The offender has the option to appeal the fine in writing by providing the sanctioning officer with his arguments. The official will check to see if the GAS fine’s requirements have been met. This official has the option of accepting the defence or ruling it untrue or inadmissible. Within one month of the date of notification to the police court, the offender may file a simple petition to challenge the official’s decision.
The offending party must pay the penalties within 30 days if the official rejects the defence and you do not want to appeal.
If you disagree with a GAS fine, get in touch with us right away.
Joost Peeters and Roxanne Sleeckx are the authors.