Driving without a licence in Belgium: penalties and defence

Driving without a valid licence may seem like an administrative matter, but the law treats it as a serious traffic offence. This does not only apply to people who never obtained a licence. Someone who drives with a licence in the wrong category, who does not comply with the conditions on their licence or who drives on a foreign licence that is no longer valid here can also end up before the police court (tribunal de police) judge.

The Act of 6 March 2018 made the penalties tougher, and since 1 September 2026, driving without a licence carries a level 2 penalty under the new Criminal Code (Code pénal). It also counts for the strict repeat-offence rules of the Road Traffic Act (loi relative à la police de la circulation routière). In this article, you will find out about the rules and the possible lines of defence. If you drove during a driving ban or a withdrawal, you will find more information in our article on driving during a driving ban.

What does driving without a valid licence mean?

Article 30, §1 of the Road Traffic Act punishes, among others, anyone who:

drives a motor vehicle without holding the driving licence required for that vehicle, or a valid document in its place;
does not comply with the conditions or restrictions on their licence, such as a code for glasses or an adapted vehicle;
makes a false statement to obtain a licence;
drives despite a physical disability or without having undergone the required medical examination.

Someone who drives a car with only a licence for mopeds or motorcycles, or a lorry with only a category B licence, does not have the required licence. That situation is therefore also covered by this provision.

The provisional licence

Special rules apply to learner drivers. The provisional licence (permis provisoire) only allows you to drive under the conditions set by the King, i.e. by royal decree: with or without a supervisor depending on the type, with an “L” plate and during its period of validity.

Anyone who does not comply with these conditions, for example by driving without a supervisor on a provisional licence that requires one, is punishable under Article 30, §2. The supervisor who does not meet the conditions is also punishable. This offence is punished less severely than driving without a licence.

An expired provisional licence no longer gives you the right to drive. Anyone who still drives with that document no longer has a valid licence.

Foreign licence

If you come to settle in Belgium with a foreign licence, be careful.

Type of licence	Can you drive with it after registering in Belgium?
EU/EEA licence with an expiry date	Yes, as long as it is valid
EU/EEA licence without an expiry date	Yes, but you must exchange it within two years of registering
Non-EU/EEA licence	Yes, up to 185 days after registering; after that, you must exchange it or obtain a Belgian licence

Anyone who keeps driving after that period with a licence that has not been exchanged can be prosecuted for driving without a valid licence. In such a case, the exact date of registration in the population register is often decisive.

What penalty do you face?

Since 1 September 2026, driving without a valid licence is punished with a level 2 penalty under the new Criminal Code. The law attaches a specific, high fine to it, even when the judge goes down to level 1 because of mitigating circumstances. The Act of 6 March 2018 had already introduced the possibility of a prison sentence for this offence.

The judge can also:

impose a driving ban;
make getting your driving entitlement back conditional on reinstatement exams (examens de réintégration);
where the driving ban is at least three months, order the confiscation of the vehicle if it belongs to you, or have it temporarily immobilised.

The judge takes the circumstances into account. Someone who never obtained a licence and drove without one for years is judged differently from someone who was a few weeks late in exchanging a foreign licence.

Repeat offences

Anyone who drives without a licence again within three years of a final conviction has their fine doubled.

More importantly still: driving without a licence is on the list of serious traffic offences in Article 38, §6 of the Road Traffic Act. This list works on a cross-over basis. A previous conviction for driving without a licence counts if you are convicted within three years of, for example, driving under the influence, hit and run or driving without insurance, and vice versa. The consequence:

a mandatory driving ban of at least 3 months, and of at least 6 and 9 months for a further repeat offence;
four mandatory reinstatement exams: theory, practical, medical and psychological.

To find out more, read our article on repeat offences and our overview of hit and run.

Limitation period

Driving without a valid licence becomes time-barred after three years, counting from the day of the events. This period already applied before the general extension of 1 July 2026. See our article on the limitation period for traffic offences.

Defence

In such a case, our lawyers look in particular at:

Did you in fact have a valid licence? It sometimes turns out afterwards that the licence was valid after all, but was not correctly recorded in the database, or that a foreign licence was still within the exchange period.
Which category was required? For some vehicles, such as heavy trailers or motorhomes, the required category is not always clear.
Were you actually the driver? If you were not stopped at the scene, the presumption applies against the holder of the number plate. See our article on identifying the driver.
Regularisation. Someone who has since obtained or exchanged their licence shows that they have put their situation in order. That carries weight when the penalty is set.

Frequently asked questions

Is driving with an expired licence card the same as driving without a licence?

The driving licence card must be renewed every ten years. That is an administrative matter: the right to drive itself does not disappear. Yet, according to the prevailing interpretation, driving with an administratively expired card is punished in the same way as driving without a licence. A bill aiming to punish this less severely has been tabled. Have your card renewed in good time at your municipality to avoid any discussion.

Can I drive alone with a provisional licence?

That depends on the type of your provisional licence. For some types, a supervisor is mandatory, for others not, and additional restrictions apply in each case. Anyone who does not comply with the conditions is punishable, and the supervisor can also be prosecuted. Check the conditions for your type before setting off.

Can the police seize my car?

Where the driving ban is at least three months, the judge can order the confiscation of the vehicle if it belongs to you, or have it temporarily immobilised while the ban runs. At the scene, the police will in any event not let you drive on.

What if I let someone without a licence drive my car?

You then run a financial risk. Your motor liability insurer (assureur RC auto) can recover from you what it pays to the victim after an accident, where the driver did not meet the legal requirements for driving. So always ask whether the person you lend your car to has a valid licence for that vehicle.

Have your case reviewed

Have you received a summons (citation) to appear for driving without a valid licence? We check whether there really is an offence, which consequences are realistic and how best to regularise your situation. Contact us. Also read our article on driving without insurance.

Law as at 30 September 2026. We update this article when the rules change.

Driving without a valid licence: what are you facing?