🚗 Driving while disqualified: vehicle confiscation becomes the rule from 1 November 2026
Driving while disqualified could cost you your car. From 1 November 2026, Belgian courts will, in principle, have to order the confiscation of a vehicle owned by a convicted driver. The judge may decide against confiscation, but must expressly explain that decision. ⚖️
This reform stems from the Act of 3 March 2026, published in the Belgian Official Gazette on 31 August 2026, which amends Article 50, § 2, of the Belgian Road Traffic Act.
🔍 What exactly is changing?
Vehicle confiscation was already possible in certain circumstances, including where a driving disqualification of at least three months was imposed and the vehicle belonged to the offender.
The reform changes the starting point: following a conviction for an offence covered by Article 48, confiscation of the offender’s own vehicle becomes the rule, unless the judge expressly gives reasons for departing from it.
🚫 Who is affected?
Article 48 covers, in particular, two situations:
- You drive during a court-imposed driving disqualification.
- You resume driving without meeting the conditions imposed for reinstatement of your driving entitlement, even though the disqualification period has ended.
These conditions may include passing a theory test, a practical driving test, a medical assessment or a psychological assessment.
👉 The end of your disqualification period does not necessarily mean you may drive again. You must also have fulfilled the applicable reinstatement conditions.
🚘 What if the car belongs to someone else?
The new confiscation requirement applies where the vehicle belongs to the offender. A car genuinely owned by a third party is therefore not subject to this requirement on that basis alone.
However, the law already allows a third party’s vehicle to be confiscated in certain circumstances. This may happen, for example, where the owner is themselves convicted of knowingly entrusting their vehicle to a disqualified driver. Knowingly lending your car in these circumstances can therefore also have serious consequences.
⚖️ Can the judge still decide against confiscation?
Yes. The law preserves this possibility, but the court must expressly explain why it is not imposing the sanction.
Careful preparation of the defence therefore becomes particularly important: checking whether the legal requirements for confiscation are met, examining ownership of the vehicle and presenting specific circumstances that may justify an exception.
💡 Check your position before driving again
Before getting back behind the wheel, check the exact dates of your disqualification and make sure you have fulfilled every reinstatement condition. Resuming driving too early may result in a further conviction and put your vehicle at risk.
📩 Are you facing prosecution for driving while disqualified, or is your vehicle at risk of confiscation? Contact my practice to discuss your circumstances and prepare a defence tailored to your case.
