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Report numberRA-2006-102
TitleAn administrative cost estimation of the Belgian and Dutch traffic fine
Subtitle
AuthorsLiesbet Deben
Published byPolicy Research Centre for Traffic Safety 2002-2006
Number of pages101
Date30/11/2006
ISBN
Document languageDutch
Partner(s)Universiteit Hasselt
Work packageOther: Handhaving
Summary

There are a number of legal regimes present in traffic safety policy. Regardless the method government applies, it always serves the same purpose. The grounds on which a government decides to use a particular legal regime is also based upon the preventive incentive and the administrative costs of the sanction. Assuming similar preventive incentives from both the administrative traffic fine and the criminal traffic fine for simple and light traffic offences, the administrative costs of the sanctions will be the decisive factor.

 

Mostly the administrative fine is seen as the procedure generating the lowest costs. This is mostly the case, but Belgium uses simplified criminal procedures to sanction minor traffic offences. The question now is whether the assumption of the lowest cost of an administrative traffic fine in comparison to the criminal fine also applies in Belgium. In order to find out what the administrative costs of the Belgian simplified criminal procedures are, an estimation of the costs will take place after the description of both the Belgian an the Dutch procedure of sanctioning minor traffic offences.

 

The research shows that whereas it is obvious that the administrative costs of the traditional criminal fine are larger than the administrative costs of the administrative traffic fine, it is not the case with the Belgian alternative criminal sanctions (onmiddellijke inning en minnelijke schikking, also called transaction). In contradiction to the expectations, the estimated administrative costs of the Belgian criminal alternative sanctions are lower than the administrative costs of the Dutch administrative traffic fine leading to the conclusion tat for Belgian legislators the administrative costs are no longer a reason to adept administrative traffic fine for simple and light traffic offences.

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The Policy Research Centre for Traffic Safety carries out policy relevant scientific research under the authority of the Flemish Government. The Centre is the result of a

cooperation between Hasselt University, KU Leuven and VITO, the Flemish Institute for Technological Research.

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