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Many people think that an unpaid traffic fine leads at most to a reminder or a bailiff. Yet the Road Traffic Act (loi relative à la police de la circulation routière) provides for two regimes in which an unpaid fine ends in a driving prohibition: after a payment order (ordre de paiement) from the public prosecutor (parquet) and after a judgment of the police court (tribunal de police) judge.
Both regimes still exist after the reform of 1 September 2026. Below, you will read how they work, how to avoid a suspension and what to do if you cannot pay in one go. The general rules on the driving ban (déchéance du droit de conduire) are in our overview of the driving ban.
Two regimes side by side
| Suspension after a payment order | Alternative driving ban after a judgment | |
|---|---|---|
| Legal basis | Art. 65/1, § 10 Act of 16 March 1968 | Art. 69bis Act of 16 March 1968 |
| Who decides? | The public prosecutor | The police court judge, in the judgment |
| When? | Not recovered within 3 years | Not paid within 2 months |
| Duration | 8 days, 15 days or 1 month | 8 days to 1 year |
Suspension after an unpaid payment order
From fine to payment order
For most traffic offences, you first receive an offer of immediate payment (perception immédiate). If you do not pay, the public prosecutor offers you an out-of-court settlement (transaction pénale). If you do not pay that either, the public prosecutor can issue a payment order. The amount is then increased by 35 per cent, and costs are added. How the amounts are calculated is explained in our article on the amount of a traffic fine.
You have 30 days to pay the order or lodge an appeal with the police court. If you do nothing, the order becomes enforceable. Recovery is then handed over to FPS Finance, for example through an attachment of your salary or your bank account. How to challenge an order is explained in our article on appealing against a payment order.
When does the suspension follow?
If FPS Finance fails to recover the amount within three years of receiving the enforceable title, it reports this to the public prosecutor. The public prosecutor then orders, without delay, the suspension of your right to drive (Article 65/1, § 10 of the Road Traffic Act). During that period, you may not drive any motor vehicle.
How long does the suspension last?
The duration depends on the offence for which the order was issued.
| Offence | Length of the suspension |
|---|---|
| Up to 20 km/h too fast (up to 10 km/h in a built-up area, 30 zone, school zone, residential zone); first-degree offence | 8 days |
| 20 to 30 km/h too fast (10 to 20 km/h in a built-up area, etc.); second-degree offence | 15 days |
| 30 to 40 km/h too fast (20 to 30 km/h in a built-up area, etc.); alcohol from 0.35 mg/l; third-degree offence | 1 month |
The suspension takes effect on the fifth day after notification by the public prosecutor. Saturdays, Sundays and public holidays do not count towards that period. If you have several unpaid orders, the public prosecutor can have the suspensions start one after the other.
Paying before the suspension starts
The law offers one last way out: if you pay the full amount of the payment order before the suspension starts, it is not enforced. Since the Act of 6 March 2018, a partial payment is no longer enough. In the past, paying a single euro was sometimes enough to avoid a suspension.
If you receive a letter about a suspension, pay the full amount straight away, keep the proof of payment and inform the public prosecutor of the payment.
The alternative driving ban after a judgment
What does Article 69bis say?
If the police court judge imposes a fine for an offence under the Road Traffic Act, they can decide in the judgment that the fine will be replaced by a driving ban if you do not pay on time: the alternative driving ban (déchéance subsidiaire). It lasts between eight days and one year.
The deadline for paying is two months: from the judgment if it was given after both parties were heard, or from service of the judgment if you did not appear. The Act of 25 May 2026 adapted this regime to the new Criminal Code, but did not abolish it.
Some limits
- The alternative driving ban only exists after a conviction. It does not apply to an immediate payment, an out-of-court settlement or a payment order.
- It does not apply to fines imposed on a legal entity, such as a company (Cass. 2 December 2008).
- Where there are several offences in the same judgment, the alternative driving bans together may not exceed twice the legal maximum (Cass. 9 October 2012, P.12.0367.N).
Read your judgment carefully
Check your judgment to see whether an alternative driving ban has been imposed. It usually appears right next to the fine. Pay within two months and do not wait for a reminder.
What if you cannot pay the fine in one go?
- Immediate payment or out-of-court settlement. Through the online application of the FPS Justice, you can ask to pay in instalments. You must do so before the due date, you cannot contest the offence and the full amount must be paid within six months.
- Payment order or judgment. Contact the FPS Finance department in charge of recovery as soon as possible and ask for a payment plan. That department decides freely. A payment plan does not change the legal deadlines: until everything has been paid, the risk of a suspension or an alternative driving ban remains.
- Before the police court judge. At the hearing, file documents about your financial situation. The judge can take them into account for the amount of the fine and when deciding on any alternative driving ban.
Driving during a suspension or an alternative driving ban
Anyone who drives anyway risks new proceedings and a heavier penalty than the original fine. See our article on driving during a driving ban.
Frequently asked questions
Can my licence be taken away if I do not pay a traffic fine?
Yes. After an unpaid payment order, the public prosecutor can suspend your right to drive for eight days, fifteen days or one month, if FPS Finance fails to recover the amount within three years. After a judgment, an unpaid fine can be replaced by a driving ban of eight days to one year, if the judge provided for this in the judgment.
Is it worth paying part of the fine?
Not to avoid a suspension after a payment order. Since 2018, the suspension is only avoided if you pay the full amount before it starts. A partial payment does, however, reduce your debt. If you cannot pay everything in one go, ask for a payment plan in good time and try to pay the balance before the suspension starts.
When does the suspension of my licence start?
The suspension takes effect on the fifth day after notification by the public prosecutor. Saturdays, Sundays and public holidays do not count. If you have several unpaid payment orders, the public prosecutor can have the suspensions start one after the other. If you pay the full amount before that date, the suspension is not enforced.
What is an alternative driving ban in a judgment?
It is a driving ban that the police court judge attaches to a fine in the judgment. If you do not pay the fine within two months of the judgment, or of service of the judgment if you did not appear, you must serve the driving ban instead. The judge sets its length, between eight days and one year. This is provided for in Article 69bis of the Road Traffic Act.
Can I pay a traffic fine in instalments?
For an immediate payment or an out-of-court settlement, you can ask to pay in instalments online, provided you do so before the due date, do not contest the offence and pay everything within six months. For a payment order or a fine imposed by a judgment, you ask FPS Finance for a plan. There is no right to pay in instalments, and as long as not everything has been paid, a suspension remains possible.
Have your case reviewed
Have you received a letter about a suspension of your licence or an alternative driving ban? We check what is still possible and which steps you need to take right away. Contact us.
Law as at 30 September 2026. We update this article when the rules change.
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