Ruling on traffic fine raises questions over average speed checks in Flanders

A recent ruling by the Vilvoorde police court has cast uncertainty over the way average speed checks are implemented and financed in Flanders. The decision, which annulled an administrative (GAS) fine issued to a motorist in Meise, has prompted calls for a review of existing regulations and raised concerns about the role of private partners in local enforcement systems.

The case began when mobility expert Johan De Mol (Ghent University) contested the 53-euro fine he received last year after being checked for speeding in Meise. The judge ruled in his favour, determining that the violation had not been recorded by someone authorised to do so and noting that the speed cameras should have been fully funded by the local government.

Like many municipalities, Meise has collaborated with a private company to finance its average speed checks, an arrangement under which the company also receives a share of fine revenues.

Mobility minister calls for possible reform

The ruling has stirred debate over whether similar systems used by municipalities across Flanders could be affected. Flemish minister of mobility Annick De Ridder (N-VA) said on Sunday evening that she intends to examine the verdict thoroughly and, if required, amend the regulations governing average speed checks. “It's expected that more rulings will follow this path,” she said. “We're going to see how we can eliminate the excesses. There are certain contracts where one might question whether the skimming of these funds is actually being reinvested in road safety, or is it mainly to boost private coffers? That can't be the intention.”

De Ridder also noted that an investigation into the broader system of average speed checks is already under way and should be completed by next summer.

Interior minister asks for clarity

Flemish minister of the interior Hilde Crevits (CD&V) echoed the need for clarity but stressed that the ruling applies only to the individual case in Meise. “It is not the case that all average speed checks at local authorities are now invalid because of this ruling,” she said on Radio 1’s De Ochtend. While she acknowledged that the annulment represents an “important ruling,” she emphasised that it does not automatically invalidate other checks carried out by municipalities.

Crevits insisted that local authorities must retain the ability to deploy average speed checks to enhance road safety. “For me, the instrument of average speed checks is extremely important for road safety. And if mayors and local authorities wish to use them on an unsafe section of road, they should be able to do so in the future,” she said. At the same time, she agreed that “if necessary, we must adjust the regulations.”


#FlandersNewsService | © PHOTO BELGIAN FREELANCE


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