The Payment Order: Evolution, Challenges, and Issues

1. History and Legal Context
Since the 1990s, the Belgian system has seen an increase in traffic violations without legal follow-up due to the overload of prosecutors and police judges. In response, the payment order was introduced on February 7, 2003 (Articles 65bis and 65ter), aimed at simplifying and accelerating the handling of minor offenses.

Subsequent reforms, notably in 2016, 2018, and 2021, adjusted this mechanism to address practical and legal challenges. However, these modifications also sparked debates over the scope of judicial and administrative powers.

2. Features of the Payment Order
The payment order is a hybrid measure, combining administrative and criminal law aspects. It allows the public prosecutor to impose a fine without involving the criminal court, unless the offender files an objection.

• Preconditions:
  • An offense recorded in a police report.
  • No damage caused to third parties.
• Modalities:
  • The amount is based on the administrative fine, increased by 35%, plus an administrative fee.
  • The offender has 30 days to pay or contest the order.

3. Debates and Key Rulings

• Decision of the Arbitration Court (2004):
  The court ruled that making judicial recourse conditional on prior payment violated fundamental rights.
• Ruling of the Court of Cassation (2021):
  The court clarified that the payment order aims to create an enforceable title and does not constitute a penalty in the strict sense.
• Restorative Law of 2021:
  This law clarified the jurisdiction of police courts, granting them full authority to handle appeals against payment orders.

4. Practical Challenges

• Proof of Registered Delivery:
  The absence of concrete proof of delivery creates issues in many cases.
• Risks of Automation:
  Errors in data entry or unallocated payments can lead to unnecessary disputes.
• Language Issues:
  Payment orders sent in a foreign language sometimes result in unintentional appeals or misunderstandings.

5. Outlook and Recommendations
The recent shift toward a more pronounced criminal regime imposes stricter requirements for safeguarding the rights of defendants and procedural clarity. Challenges related to automation and formalities should be addressed as a priority to avoid unnecessary disputes.

Although not perfect, this reform seeks to achieve efficiency and deterrence in combating traffic violations while ensuring access to judicial appeals.

Conclusion:
The payment order remains a controversial yet essential tool within Belgian road safety. Recent adjustments and ongoing judicial debates will continue to shape its application in the years to come.

For questions about this or other road traffic-related matters, feel free to contact me.