Motorists who test positive for drugs are not normally fined on the spot in Belgium, but foreign drivers found under the influence may soon have to pay over €1,000 even before a trial, L'Avenir reports.
Drivers in Belgium usually have their licence temporarily withdrawn for 12 hours and their vehicle immobilised if found driving under the influence of drugs. The Public Prosecutor can then decide to suspend the driver's licence for a minimum of 15 days (which can be extended) and the offender is automatically referred to court, where they risk losing the right to drive for between one month and five years. They also face penalties of between €1,600 to €16,000.
For non-Belgian drivers, however, the system is complex. Foreign nationals (who account for 8% of all offences recorded in Belgium) often do not appear in court, and when they do, they rarely serve the sentence in their country of origin. Federal Mobility Minister Georges Gilkinet now plans to impose a €1,260 deposit on foreign nationals caught driving under the influence of drugs.
Their vehicle can then be seized by police (as is already the case when alcohol levels exceed 1.5 g/l) whilst tests are carried out. If the offender is acquitted, the deposit will be returned. If the case goes to court and they fail to appear, the money will be lost.
An end to dangerous double standards
"These new provisions will put an end to the de facto impunity enjoyed by non-Belgian drivers who break the law when it comes to driving under the influence – a dangerous habit that results in far too many victims on our roads. The Highway Code must be respected by everyone at all times. This also applies to foreign drivers," Gilkinet stated.
The minister described the existing system as susceptible to abuse. "From now on, no one will be exempt, as [foreign nationals] will be required to pay a deposit of €1,260 immediately in the event of a positive test, whether for drugs or alcohol. This corrects an injustice between Belgian and foreign drivers."
Drunk and drug driving together represent one of the three main causes of death on the road, along with speeding and distracted driving. In Wallonia, 60 drivers lose their lives every year in drunk driving accidents; 30 fatal accidents are caused by drug abuse. When taken together, the risk of a serious accident is 200 times greater, L'Avenir reports.
Road safety institute Vias estimates that 8% of Belgian drivers drive under the influence of drugs at least once a month – young people in particular. While testing and saliva sampling have improved, the penalties still need to be applied by everyone.
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A Royal Decree has been submitted to allow the regions to impose a €1,260 deposit as a down payment on a possible fine until the case is brought before a judge. For drink driving, the decree lowers the alcohol limit to 1.2 g/l, bringing it into line with the threshold for immediate withdrawal of the licence.
For repeat offenders, the current limit of €866 for immediate collection has been dropped and foreign nationals will now also have to pay a deposit, resulting in a summons to appear in court.
