🚲 Driving disqualification: can you still ride a bicycle or an electric scooter?
When a driver is disqualified from driving, they generally assume that they can no longer drive a car, van or motorcycle. But can they still travel by bicycle? And what about a scooter?
Since 1 September 2026, the answer has become more nuanced. As part of the adaptation of Belgian road traffic legislation to the new Criminal Code, the courts’ powers have been extended: a judge may now extend a disqualification from driving motor vehicles to certain vehicles that are not motor vehicles.
⚖️ What is a driving disqualification?
A driving disqualification is a penalty imposed by a court. It may be ordered in cases involving:
- driving under the influence of alcohol or drugs;
- a serious speeding offence;
- leaving the scene of an accident;
- driving without a valid licence;
- repeat offending;
- an accident resulting in injury or death.
The disqualification may be temporary or, in the most serious cases, permanent.
It should not be confused with the immediate withdrawal of a driving licence ordered by the public prosecutor. Such a withdrawal generally applies for a limited period, pending a possible appearance before the police court.
🚗 Until now, disqualification mainly concerned motor vehicles
Traditionally, a person disqualified from driving could no longer drive the motor vehicles covered by the court’s decision.
However, they could generally continue to travel by bicycle because a conventional bicycle is not a motor vehicle.
In certain circumstances, this possibility could appear problematic. Consider, for example, a person convicted of driving while intoxicated whose dangerous behaviour is not limited to driving a car.
The legislature has therefore allowed the court to tailor the scope of the disqualification more closely to the driver’s particular circumstances.
🚲 A judge may now also prohibit the use of a bicycle
The new Article 45 of the Belgian Road Traffic Police Act of 16 March 1968 provides that a judge may extend a disqualification from driving motor vehicles to other specifically designated vehicles that are not motor vehicles.
A conventional bicycle may therefore now be expressly covered by the court’s decision.
However, this prohibition is not automatic. The court must comply with two important requirements:
- it must precisely identify the other vehicles concerned;
- it must expressly state the reasons for extending the disqualification.
A court order disqualifying someone from driving a car does not therefore automatically mean that the person is prohibited from using a bicycle.
It is essential to read the operative part of the judgment carefully in order to determine the precise scope of the prohibition.
🛴 What about electric scooters and electric bicycles?
The situation is more complex for electric scooters, electric bicycles and speed pedelecs.
The answer depends in particular on:
- the vehicle’s technical characteristics;
- its power and maximum speed;
- its legal classification;
- the vehicle categories expressly mentioned in the judgment.
A conventional bicycle is clearly a non-motorised vehicle. By contrast, the presence of a motor may alter the legal classification of the means of transport.
You should therefore not assume that a vehicle may be used simply because no driving licence is required to operate it. The precise wording of the court’s decision must be examined together with the legal classification of the vehicle concerned.
♿ An exception applies to certain persons with severely reduced mobility
The law expressly protects persons with severely reduced mobility.
A judge cannot extend the disqualification to vehicles used by such persons when those vehicles cannot travel faster than walking pace.
This exception is intended to prevent a driving disqualification from depriving someone of equipment that is essential for their daily mobility.
⛔ What are the consequences of breaching the prohibition?
Where a judgment expressly prohibits the use of a bicycle or another vehicle, continuing to operate that vehicle may constitute driving while disqualified.
This is not a minor irregularity.
Article 48 of the Road Traffic Police Act provides, among other things, for a level 2 penalty and a further disqualification from driving motor vehicles for a period ranging from three months to five years, or even permanently.
The consequences may therefore be particularly serious, even if the breach was committed using a vehicle for which a driving licence is not normally required.
🔎 Why must the judgment be examined carefully?
The new provision gives the judge a power rather than imposing an obligation.
It is therefore necessary to establish:
- whether the disqualification was actually extended;
- which vehicles are specifically covered;
- whether the court gave reasons for the extension;
- whether the conditions for reinstatement of the right to drive are limited to certain vehicle categories;
- the date on which the disqualification begins and ends.
Unclear wording or insufficient reasons may also be challenged as part of the defence or a possible appeal.
✅ Conclusion
Being disqualified from driving does not automatically mean that a person is prohibited from riding a bicycle.
Since 1 September 2026, however, a judge may expressly extend the disqualification to non-motorised vehicles, including bicycles. This extension must be precisely defined and specifically reasoned.
Caution is therefore essential: before using a bicycle, scooter or another means of transport during a period of disqualification, the exact wording of the judgment and the legal classification of the vehicle concerned should be checked.
Legal sources: Articles 45 and 48 of the Belgian Road Traffic Police Act of 16 March 1968, as amended by the Act of 25 May 2026; reform of the Belgian Criminal Code, which entered into force on 1 September 2026.
📞 Have you been summoned to appear before the police court, been disqualified from driving, or are you unsure which vehicles you may still use? Please feel free to contact me so that we can examine your situation and the available defence options together.