Major Traffic Violations: 3rd and 4th Degree in Belgium

In Belgian traffic law, violations are classified into four degrees depending on the danger they cause. The 3rd and 4th degree are major violations: behavior that directly endangers the safety of others or can lead to a severe accident.

Degrees and Penalties Overview

The Royal Decree of September 30, 2005 classifies traffic offenses from the 1st to the 4th degree. The higher the degree, the higher the fine and the greater the risk of a driving ban.

1st Degree Offenses

The 1st degree includes all offenses not explicitly listed under the 2nd, 3rd, or 4th degree. These are minor breaches of the highway code that do not directly jeopardize road safety, such as failing to indicate a turn or driving without carrying mandatory vehicle documents.

2nd Degree Offenses

The 2nd degree covers offenses that indirectly endanger safety or obstruct traffic flow. Examples include parking in a dangerous location (such as near a curve or intersection), not wearing a seatbelt, or overtaking on the right where prohibited.

3rd Degree Offenses

The 3rd degree consists of offenses that directly endanger human safety and failure to obey orders of authorized officers. This is the most extensive list of major violations. Below is the complete legal enumeration by topic, with articles from the Belgian Highway Code (Royal Decree of 1 December 1975).

Orders of Authorized Persons

• Ignoring orders of authorized persons (except stop signals, which belong to the 4th degree). art. 4.1

Traffic Organization and Lanes

• Driving on a motorway or expressway with a vehicle unable to reach a speed of 70 km/h. art. 21.1
• Reversing or driving backwards on a motorway (note: driving in the wrong direction is 4th degree). art. 21.4
• Driving on an emergency lane or hard shoulder when not permitted. art. 22quinquies
• Using a bus lane or special overridable lane without authorization. art. 72.5 / 73.2

Mobile Phones While Driving

• Holding, manipulating, or using a mobile phone or any electronic device with a screen while driving, unless the vehicle is stationary/parked or the device is secured in a dedicated holder. art. 8.4

Speeding and Sign C43

Speeding offenses are categorized separately: driving more than 30 km/h over the speed limit in a built-up area, school zone, 30 km/h zone, or residential area is a major 3rd degree violation. Exceeding the speed limit by more than 40 km/h on other roads also leads to a court summons.

Priority and Intersections

• Failing to yield priority to the right at an intersection. art. 12.3.1
• Failing to yield when entering a road from a public road or a road with a Stop sign (B5) or Give Way triangle (B1). art. 12.3.2 / 12.4
• Entering an intersection when traffic is blocked, causing gridlock. art. 14

Overtaking

• Overtaking on the left when oncoming traffic cannot be seen clearly from a sufficient distance. art. 17.1
• Overtaking on the left at a level crossing (A45/A47), when another vehicle is already overtaking (triple overtaking), or at a pedestrian crossing. art. 17.2

Turning and Changing Direction

• Endangering a vehicle behind you that is already overtaking when turning left. art. 19.2.2°
• Failing to yield to oncoming traffic when turning left. art. 19.3.3°
• Failing to yield to drivers and pedestrians on the same road when changing direction. art. 19.4
• Failing to yield to crossing pedestrians when turning onto a road. art. 19.5

Residential Areas, Pedestrian Zones, and Play Streets

• Endangering or obstructing pedestrians in a residential yard or shared zone. art. 22bis
• Failing to drive at walking pace or obstructing pedestrians in a pedestrian zone. art. 22sexies
• Failing to drive at walking pace or obstructing playing children in a play street. art. 22septies
• Endangering other users on roads reserved for pedestrians, cyclists, and horse riders. art. 22quinquies / 22octies

Lighting

• Failing to use dipped or main beam headlights at the front and red lights at the rear between sunset and sunrise, or when visibility is below 200 meters. art. 30.1
• Failing to use outline marker lights on vehicles wider than 2.50 meters under the same conditions. art. 30.4

Children and Child Restraints

• Transporting children under 18 years and shorter than 135 cm without an approved child restraint system. art. 35.1.1
• Placing a rearward-facing child seat on a front passenger seat with an active airbag. art. 35.1.1
• Transporting more children than there are secured seats, or using the restraint system improperly. art. 44.1 / 35.1.3
• Using child restraint systems that do not comply with safety standards. art. 85.3

Vulnerable Road Users

Protecting pedestrians, cyclists, and children is paramount in the Belgian Highway Code. Endangering a vulnerable road user is almost always classified as a major violation.

• Endangering pedestrians on a sidewalk, verge, refuge island, or pedestrian crossing. art. 40.1
• Failing to slow down when passing a stationary bus, tram, or coach boarding/alighting passengers. art. 40.3
• Failing to allow crossing pedestrians to finish crossing at a controlled intersection, or failing to stop before a crossing when signal is closed. art. 40.4.1
• Approaching a pedestrian crossing at an unsafe speed or failing to yield right of way to pedestrians. art. 40.4.2
• Endangering cyclists/moped riders or failing to maintain a lateral clearance of at least 1 meter. art. 40ter
• Cutting through a group of children, students, disabled persons, or elderly individuals. art. 40bis
• Failing to exercise double caution when encountering a marked school bus boarding or alighting children. art. 39bis

Priority Vehicles and Processions

• Failing to clear the path or give way to a priority vehicle using a siren. art. 38
• Cutting through a military column, official procession, funeral cortege, or cycling race. art. 41.1
• Failing to pull over and stop when an approaching group of cyclists approaches. art. 41.2
• Ignoring instructions from authorized signal marshals, road captains, or group leaders. art. 41.3

Traffic Lights and Signs

Running a red light is the most notorious 3rd degree violation, alongside ignoring prohibition signs such as C1, C23, and C35.

• Running a red light. art. 61.1.1°
• Proceeding on a green arrow alongside a red/orange light without yielding right of way. art. 61.1.5°
• Ignoring a red cross displayed above a lane (lane closed / wrong direction). art. 62bis
• Ignoring signs C1 (no entry), C21, C23, C24a/b/c, C35 (no overtaking), or C39. art. 68.3

Road Markings and Cargo

• Crossing a solid white line or driving to the left of it. art. 72.2
• Crossing a temporary orange solid line or line of orange studs. art. 73
• Failing to secure cargo on category C vehicles according to safety standards. art. 45bis

4th Degree Offenses

The 4th degree is the most severe category: behavior carrying the most direct and catastrophic risk. These violations always result in a mandatory police court summons, heavy fines, and potential driving disqualifications.

• Ignoring a police officer's stop signal: arms extended horizontally, or swinging a red light across the lane. art. 4.2
• Encouraging or challenging another driver to drive at excessive speed (street racing). art. 10.4
• Overtaking on the left near a hill crest or sharp curve with insufficient visibility. art. 17.2.3°
• Crossing a railway level crossing while barriers are moving or closed, red lights are flashing, or the acoustic warning sounds. art. 20.3
• Using median crossovers, turning around, reversing, or driving against traffic (wrong-way driving) on a motorway or expressway. art. 21.4
• Stopping or parking a vehicle on a level crossing. art. 24, 3°
• Participating in unauthorized speed contests or street races on public roads. art. 50

What Does This Mean for Your Theory Exam?

On the Belgian theory exam, not all mistakes carry equal weight. A regular mistake costs 1 point, but a mistake on a question about a major violation or maximum speed costs 5 points. You start with 50 points and need 41 to pass. Just two such mistakes cause an instant fail.

Out of the 50 exam questions, approximately 5 questions cover major violations. Mastering these rules helps you spot trick questions instantly and avoid losing critical points.

Frequently Asked Questions

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Last updated: July 2026 · Reviewed by Mathieu, Instructor · Source: Royal Decree 30 September 2005 & Belgian Highway Code