Confiscation of the vehicle

Verified 27 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Are you at risk of your vehicle being confiscated as a result of a traffic violation? Who makes the decision? How can I challenge it? Here are the main rules to know about the confiscation of a vehicle.

Confiscation of the vehicle is a criminal sanction imposed by a judge following a infringement serious to traffic laws.

It's a additional penalty  in addition to other sanctions such as the payment of a fine, the suspension or cancelation of the driving license.

In practice, you are permanently deprived of your vehicle.

FYI  

Confiscation is usually imposed following immobilization and the impoundment the vehicle used to commit the offense.

Depending on the seriousness of the offense, the highway code provides for an optional or mandatory confiscation penalty.

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Optional confiscation

The judge may order forfeiture of your vehicle if you have committed one of the following traffic offenses:

Compulsory confiscation

The judge must order forfeiture of your vehicle if you commit one of the following offenses:

  • Recurrent driving while under the influence of alcohol
  • Recurrent drunk driving
  • Repetition of refusal to submit to blood alcohol level checks
  • Recurrent driving after drug use
  • Repeated refusal to submit to drug use checks
  • Repeated driving of a vehicle not equipped with an immobilizer, despite a prohibition by a judge following a conviction for drinking and driving
  • Repetition of refusal to comply
  • Refusal to comply in case of aggravating circumstances
  • Recurrence of large excess speed (equal to or greater than 50 km/h of the maximum authorized speed)
  • Manslaughter while driving in aggravating circumstances
  • Unintentional injuries while driving in aggravating circumstances
  • Driving a vehicle with a false driving license
  • Driving a vehicle despite a judicial decision to suspend, cancel or prohibit the issue of the license
  • Motorized rodeo

However, the judge may not impose the confiscation penalty provided that give reasons for its decision. For example, because of the circumstances of the offense, your personality, the value of the vehicle, the consequences of a confiscation on the living conditions of your relatives.

Please note

Confiscation of the vehicle only applies if you are convicted of the offense.

In principle, confiscation concerns the vehicle which you have used to commit the offense and owned by you.

However, in the event of a conviction following a refusal to comply, or of a motorized rodeo, confiscation may concern the vehicle of which you have free disposal, subject to the rights of the owner in good faith.

In addition, in the case of a conviction following a refusal to comply, confiscation may concern many of your vehicles.

You can ask the judge to be exempted from forfeiture by presenting arguments and justifications.

Even if the offense committed is punishable by compulsory confiscation of the vehicle, the judge may not impose the penalty of confiscation provided that give reasons for its decision.

For example, you can tell the judge that the vehicle is essential to your professional activity.

However, the judge is not obliged to consider your request.

If the judge pronounces the relaxationSo you get your vehicle back.

If the judge finds you guilty without ordering the confiscation of the vehicle, it is returned to you.

If the judge finds you guilty and orders the confiscation of the vehicle, it becomes the property of the state and will be handed over to the Domain to be sold, assigned to a government department, or destroyed.

You can challenge the confiscation of the vehicle appealing the decision in a 10-day period from delivery of the decision at the hearing.

The 10-day period shall run from notification of the decision if you were not present or represented by counsel at the hearing.

Refusing to hand over the confiscated vehicle is one offense punishable by a prison sentence of 2 years maximum and by a fine of €30,000 maximum.

The same penalties shall apply in the case of destruction or attempt to destroy of the vehicle confiscated.

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