Proposition 54K3604

Projet de loi modifiant la loi du 19 mai 2010 portant création de la Banque-Carrefour des véhicules.

General information ¶

Submitted by

MR Michel Ⅱ

Submission date

Feb. 27, 2019

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

database vehicle registration access to information exchange of information vehicle

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE DéFI Open Vld N-VA MR PP

Voted to reject

PS | SP

Abstained from voting

∉ PVDA | PTB VB

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Discussion ¶

April 4, 2019 | Plenary session (Chamber of representatives)

Full source

The rapporteur, Ms Goffinet, refers to her written report.

In order to effectively prosecute road traffic offences, it is necessary that the Belgian authorities can have registration data from other countries, mainly from neighboring countries.

Currently, such data exchange is provided for by the 2010 law establishing the Carrefour-Carrefour Vehicle Bank via two channels. On the one hand, Directive 2015/413 allows the exchange of data between the Member States of the European Union for certain of the listed offences. This exchange concerns only police services, customs authorities, judicial services and State Security.

On the other hand, two bilateral treaties have been concluded by Belgium with its French and Dutch neighbors to exchange data on road traffic infringements.

However, these two channels do not allow the regional authorities of our country to use foreign registration data in the context of compliance with low-emission zones and the kilometer tax.

In order to meet the demand of the Regions, the first objective of this bill is therefore to provide for the possibility of exchanging registration data from other countries, outside the framework of European regulation and the aforementioned bilateral or even multilateral treaties.

Furthermore, this amendment is necessary for the implementation of the Protocol amending the Treaty on a European Vehicle and Driving Permit Information System, i.e. EUCARIS. This Protocol, signed in Luxembourg in 2017, has in particular the aim of expanding the possibilities of exchange of registration data, provided that there is a clear legal basis for this purpose at the international, European and, of course, national levels, which will be the case when Article 2 of this bill has taken effect.

This proposal also pursues a second objective through its Article 3, namely to extend access to the DIV directory to judicial officers in the context of solvency investigations, their duty of general information. Judicial officers already have online access to some data from the DIV directory, but this authorization is no longer adapted to the current legal framework. In fact, since 2014, this new statute of judicial officers strengthens their legal tasks, since they are now required to conduct solvency investigations and ensure a general obligation to inform the debtor and his applicant about any risk of insolvency. In order to do so, the enforcement officers must therefore be able to evaluate as best as possible the debtor’s actual financial situation, in order of course to judge whether or not enforcement measures are appropriate.

In this context, the information concerning the presence of a vehicle in the debtor’s mobile asset is, of course, an essential element for the creditor. It is therefore logical that the duly mandated judicial officer may obtain a wider access to the DIV directory to enable him, on the one hand, to establish a faster and more accurate assessment of the debtor’s solvency status and, on the other hand, to take appropriate measures.

Finally, this proposal aims to expand the access of judicial officers to the DIV directory in order to facilitate the exercise of its legal tasks.

If the device explicitly mentions Articles 519, § 2, and 519, § 3, of the Judicial Code, another legal task of the judge must also be concerned, namely the one consisting of making authentic findings. Indeed, it may happen that, when establishing a PV of constat, the court judge is forced to consult the DIV directory in order to carry out his mission. This would be the case, for example, if a court officer was charged with drawing up a PV of a vehicle obstructing a private road such as, for example, a passing servitude in order to bring the owner of the vehicle to court.

Dear colleagues, I would like to thank you for listening, hoping that you will support this proposal.