INCREASE IN LUXEMBOURG REGISTERED LICENCE PLATE CONTROLS IN BELGIUM

“Yellow” licence plate regulations

There is evidence of an increase in “yellow” licence plate controls in Belgium. Mobile tax control brigades are carrying out controls in the Walloon region in order to verify that Luxembourg-registered vehicles are used in Belgium in accordance with the rules that have been set.

While Minister Crucke decided during 2017 not to adopt the proposals for tougher conditions wanted by his predecessor Minister Lacroix, he has nevertheless introduced zero tolerance applicable during road controls. The driver must be able to show the relevant documents, failing which there is an immediate booking and, in the case of this offence, it is the tax amount that is used to calculate the fine.

Therefore, substantial sums of up to several thousands of euros can be involved. If the driver is unable to pay the amount immediately, the vehicle documents are seized by the enforcement officer.

Which documents should be kept permanently in your vehicle?

If you are a Belgian resident and you work for a Luxembourg company that provides a company car for your use, you must be able to show:

a copy of your employment contract or the assignment order (document proving a subordination relationship),
as well as a document drawn up by your foreign employer certifying that it has made the vehicle available to you.
For rental vehicles, the rental agreement (drawn up in the name of the foreign employer) must also be present in the vehicle. If your vehicle is for a short/medium-term rental period, the up-to-date agreement must be kept in the vehicle. If you extend your agreement, do not forget to ask for an updated agreement from your rental company.
It is no longer necessary to show the VAT certificate.

Sources : http://www.wallonie.be/fr/controle

If the driver is not the person benefiting from the company car…

The Belgian registered user of a company car may lend their car to a family member, spouse or children for example.

The company car registered abroad does not necessarily have to be driven by the Belgian employee of the company. In this situation, the person driving the vehicle must live under the same roof as the employee of the foreign company and must certainly be able to prove it in the event of any controls. It is therefore advisable to also keep the household composition document with the vehicle documents if you are in this situation.

And for self-employed persons?

In the case of self-employed persons working in the Grand Duchy of Luxembourg, if they live in Belgium and if they are the registered owner of the vehicle, the vehicle must be registered in Belgium in accordance with legal dispositions.

However, if the registered office of their company is situated in Luxembourg and the company has one or more company cars, they can certainly take advantage of the registration tax benefits in accordance with Luxembourg legal provisions. In that case and as a precautionary measure, all the aforementioned documents must be readily available to the driver of the vehicle when they are driving in Belgium.

What changes…

Until very recently, drivers received a warning if they were unable to show the relevant documents and if the documents were presented at the police station within a specified time, the warning was removed.

From now on, the warning is no longer applied, the penalty is immediately applicable even if the driver is able to justify the use of the Luxembourg-registered vehicle in Belgium in the hours that follow. Therefore, there is clearly an urgent need to verify that all the documents requested are kept in the vehicle!

USE OF LUXEMBOURG REGISTERED LICENCE PLATES IN BELGIUM