Speeding drivers use Bpost loophole to avoid fines

Belgium’s postal operator Bpost’s decision to no longer print the date it sends letters on the envelope is resulting in many people using a legal loophole to contest their speeding fines.

Under Belgian law, transport fines – for speeding, going through red lights, or for cyclists riding without lights – issued 14 days after the offence are no longer valid.

This led to Belgian politician Georges-Louis Bouchez, recorded speeding at 52km/h over the limit, to challenge the fine, Isabelle Péchard, a solicitor specialising in road traffic law explained, and his licence was not taken away.

In another case in April this year, a Liège driver caught speeding was also ultimately not sanctioned, as the date that the fine was sent out could not be proved.

“He checked the rules and realised that the 14-day deadline had not been met,” Péchard said.

Péchard told RTL Info that she has won every case of this nature. The prosecution can never prove the date on which the fine was sent “as Bpost envelopes no longer have the date stamp”.

As a result, many people have seen their fines waived.

A Belgian justice ministry spokesperson said: “A decision in a specific case does not automatically affect other traffic offences. The public prosecutor’s office can appeal an acquittal if necessary.”

Moreover, if Belgians have activated their eBox - an online service for receiving official documents electronically - there will be no chance of them appealing fines saying they were sent late. This is because the fine notice is sent directly to their e-mail address with the date.