The Flemish Decree of 27/11/2015 provides the following:
“Art. 8, §1. If an offence against the LEZ regulations has been committed, the Vehicle Registration Plate holder will be assumed to have committed the offence. This presumption applies until evidence to the contrary has been provided, by all legal evidentiary means.”
The vehicle owner can have the details of the actual driver who was driving the vehicle at the time of the offence amended to ensure the administrative fine is sent to the actual driver. This can be done by submitting official evidence. Both a natural person and a legal entity can ask that the information be amended.
What steps should the owner take to have this information amended?
The owner must provide us, within 10 days of the date on which the fine was sent, with sufficient official evidence via the following e-mail address: LEZbetalen@modero.be.
For a natural person (private individual) all of the following evidence must be attached to the e-mail:
- name, address and National Registration Number of the actual driver who was driving the vehicle at the time of the offence (copy of the ID card);
- a signed statement from the actual driver confirming that he/she was the actual driver at the time of the offence.
For a legal entity (company) the following evidence must be attached to the e-mail:
- rental contract for rental cars or official log data for replacement vehicles;
- name and address of the actual driver at the time of the offence;
- statement confirming the authenticity of this information by the company’s legal entity, registered in the Belgian Crossroads Bank for Enterprises as manager, or by an agent with power of attorney.
Please note: If you are unable to submit all of the above evidence within 10 days of the ‘fine notification’ being sent, you must follow the official objection procedure.