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Disclosure of the driver’s identity by a company
The legal obligation
When a vehicle is registered in the name of a company or organisation and a traffic offence is recorded (for example speeding, running a red light, mobile-phone use…), the legal representative of the company is required to disclose the identity of the driver to the authorities.
This obligation is set out in Article 67ter of the Road Traffic Act.
It applies to all legal entities: BV/SRL, NV/SA, non-profits, sole traders with a company-registered vehicle, etc.
Deadline and procedure
The company receives a request for identification from the police or the public prosecutor.
The legal representative has 15 days to disclose the identity of the actual driver.
The notification must be submitted via the official online platform (www.justonweb.be) or by registered mail.
It is not sufficient to answer “we do not know who was driving”. The company must provide all useful information to help identify the driver.
Penalties for non-disclosure
If the company refuses or fails to disclose the driver’s identity, it can be prosecuted and fined heavily, even if the driver is later identified.
The penalties are:
A fine of €400 to €8,000 (multiplied by surcharges → up to €32,000 effectively) for the legal entity;
Possibly, personal prosecution of the manager or director who failed to respond.
A lawyer can:
verify whether the identification request was validly served;
check whether the deadline was correctly calculated;
plead mitigating circumstances in case of dispute or late communication;
prevent you from being held personally liable as a manager.
Contact us for free initial advice. We review your file and help you limit the consequences.
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