Q 10878

ac94
Berichten: 3
Lid geworden op: 07 jan 2022, 21:02

Q 10878

Bericht door ac94 »

This is question 10878, English version.

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You’re driving too fast in a Zone 30.
Up to how many km/hour over the maximum permitted speed the POLICE can disqualify you from driving immediately.

A. Up to 20 km/hour over the maximum permitted speed. (Correct according to answers).
B. Up to 30 km/hour over the maximum permitted speed.
C. Up to 40 km/hour over the maximum permitted speed.

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By my reasoning, in a zone 30:

30 + 0-20 (up to 50km/h) would be a fine/penalty.
30 + 20-30 (between 50km/h and 60km/h) would be disqualification by the police.
30 + 30 or more (anything over 60km/h) would result in you going to court (judge).

So the answer is between 20km/hour and 30km/hour. Of all the available answers, B is the most appropriate, but the answer choices would be better as:

A. Up to 20 km/hour over the maximum permitted speed.
B. Between 20km/hour and 30 km/hour over the maximum permitted speed. (Which would be correct).
C. More than 30 km/hour over the maximum permitted speed.

Is this correct?
Inazuma
Berichten: 10137
Lid geworden op: 04 mei 2006, 00:00

Re: Q 10878

Bericht door Inazuma »

Disregard the Q

All answers are wrong:
There is no upper limit on the speed


It is FROM more than 20 km/h over the limit (in a zone 30 etc ...)
(After subtracting the technical correction)

And it can't be done by all police personnel , only judicial police officers
Or by the prosecutor's office


https://wegcode.be/wetteksten/secties/w ... /467-t4hs8
Inazuma
Berichten: 10137
Lid geworden op: 04 mei 2006, 00:00

Re: Q 10878

Bericht door Inazuma »

ac94 schreef: 07 jan 2022, 21:11 By my reasoning, in a zone 30:

30 + 0-20 (up to 50km/h) would be a fine/penalty.
30 + 20-30 (between 50km/h and 60km/h) would be disqualification by the police.
30 + 30 or more (anything over 60km/h) would result in you going to court (judge).
Don't make up your own laws either :wink:


Up to 20 kph too fast, you'll most likely get away with only a fine - but it is ALWAYS possible to prosecute you :!:


From 21 kph too fast, you WILL be prosecuted
If you're caught in the act, your licence may (and usually will) be revoked immediately by a judicial police officer or prosecutor's office for 15 days
Disqualification from driving by the judge is possible, but not required


From 31 kph too fast, you MUST be disqualified from driving by the judge, as part of the punishment
Inazuma
Berichten: 10137
Lid geworden op: 04 mei 2006, 00:00

Re: Q 10878

Bericht door Inazuma »

Disqualification from driving is part of the punishment by the judge
Or happens for medical reasons


This is different & separate from police officer /prosecutor's office immediately revoking you licence for 15 days after certain infractions (and provided you're caught on the spot or immediately / very soon after the facts)
ac94
Berichten: 3
Lid geworden op: 07 jan 2022, 21:02

Re: Q 10878

Bericht door ac94 »

Thank you for the explanation. Certainly I'm not trying to make up my own rules, rather just to contextualise the rules with a situation to improve my understanding.

So in a zone 30, a built-up area, or a residential area:
0-20km/h over the limit would result in a fine/penalty and the potential to be banned by the police judicial police officer.
20-30km/h over the limit would result in a fine/penalty and a definite ban by the police judicial police officer.
30km/h or more over the limit would result in a fine/penalty and a definite disqualification by the judge in the court.

Note: by 'fine' I refer to a penalty charge, not fine as in 'allowable'.
GRO
Administrator
Berichten: 12291
Lid geworden op: 26 mar 2005, 00:00

Re: Q 10878

Bericht door GRO »

It's OK now.
Thanks.
Inazuma
Berichten: 10137
Lid geworden op: 04 mei 2006, 00:00

Re: Q 10878

Bericht door Inazuma »

ac94 schreef: 08 jan 2022, 12:48 So in a zone 30, a built-up area, or a residential area:
0-20km/h over the limit would result in a fine/penalty
yes
and the potential to be banned by the police judicial police officer.
No, that's only possible when you're doing more than 20 kph over the limit
Even a judge can't disqualify you for doing up to (and including) 20 kph too fast then

Unless they book you for inappropriate speed
Which is a 2nd degree infraction, Art 10.1 , 1° or 3°, and can lead to immediate revocation of your licence for 15 days
https://wegcode.be/wetteksten/secties/k ... art10#10.1


The immediate revocation of a driver's licence for 15 days, is only possible for infractions where a judge could later disqualify one from driving .
Kinda makes sense ...

20-30km/h over the limit would result in a fine/penalty and a definite ban by the police judicial police officer.
20+ ...
Immediate revocation of your licence for 15 days
Court appearance where you may get a driving disqualification (8 days to 5 years) by the judge
30km/h or more over the limit would result in a fine/penalty and a definite disqualification by the judge in the court.
30+ ...
Immediate revocation of your licence for 15 days
Court appearance where you WILL get a driving disqualification (8 days to 5 years) by the judge
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