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Using a mobile phone while driving in Belgium: 2026 fine, licence withdrawal and the ‘double fine’

The Article 8.4 rules, the fine since 1 July 2026, licence withdrawal and speed camera photos.
October 17, 2026 by
Using a mobile phone while driving in Belgium: 2026 fine, licence withdrawal and the ‘double fine’
Garage Privé, Nathan du Garage Privé

On 17 October 2026, the press reported a confirmation from the Federal Police: a mobile phone visible on a speed camera photo can lead to a fine. Several media outlets immediately spoke of a ‘double fine’.

We have read the legal texts. Here is the 2026 amount and what happens when one photo shows two offences.

✅ The key points in 30 seconds

  • Holding or using a mobile phone while driving is a third-degree offence: 191 € since 1 July 2026, plus 10.67 € in fees.
  • It is also banned at a red light and in a traffic jam. You may only hold your phone when parked, or when stopped to let someone get in or out.
  • The public prosecutor can have your licence withdrawn on the spot for 15 days. Several prosecutor's offices do this for phone use, the first since 2024.
  • No Belgian camera is dedicated to mobile phones. A phone visible on a speed camera photo can lead to a fine after the image is checked, depending on agreements with the local prosecutor's office.
  • Speeding and a phone on the same photo: no on-the-spot fine. The case goes to the prosecutor's office.

Mobile phone while driving: what is banned and what is allowed

Since 3 March 2022, Article 8.4 of the Highway Code covers any mobile device with a screen: mobile phone, satnav, tablet, media player, smartwatch. The driver may neither hold it nor use it. There are two exceptions: the device is fixed in a holder designed for that purpose, or the car is parked or stopped to let someone get in or out.

ScenarioAllowed?
Phone fixed in a holder, for navigationYes
Touching the screen of a phone fixed in its holderNot banned, but the police advise against it
Calling with earphones or a hands-free kit, without holding the phoneYes
Phone on your lap, or on the dashboard without a holderNo
Phone wedged between ear and shoulderNo
Speakerphone on, phone in handNo
At a red light or in a traffic jamNo
Stopped to let someone get in or out, or parkedYes
Using a smartwatch while drivingNo

Eating, putting on make-up or reading do not fall under Article 8.4. The police can penalise them under Article 8.3 if you are no longer in control of your car. The police report must then describe what officers saw, for example the car weaving.

How much is the fine for using a mobile phone while driving in 2026?

StageAmount
On-the-spot fine, since 1 July 2026191 €, plus 10.67 € in fees
Settlement offer from the prosecutor's office259 €, plus 10.67 € in fees (2026 scale)
Police court, for an offence committed since 1 February 2026300 to 5,000 €
Driving ban8 days to 5 years, at the judge's discretion. Mandatory if you have held your licence for less than 2 years, with tests to retake.

Before 1 July 2026, the on-the-spot fine was 174 €. For a repeat offence within 3 years of a final conviction, fines are doubled. The full 2026 scale is in our article on autumn fines.

15-day licence withdrawal: is it automatic?

The public prosecutor can have your licence withdrawn on the spot, under Article 55 of the Act of 16 March 1968. It is returned after 15 days, unless the court extends the withdrawal by up to 3 months. That extension can be renewed.

Several prosecutor's offices apply this withdrawal to phone use, the first since 2024. Limburg has done so since February 2024: 1,176 licences withdrawn up to April 2026. West Flanders counts around 6,600 from June 2024 to June 2026. In Namur, the rule has applied since 3 February 2026.

Several police zones announce a 15-day withdrawal ‘everywhere in Belgium’ from 14 February 2026. For alcohol, the police cite a circular from the Minister of Justice. For mobile phones, we found no law or circular that makes the withdrawal automatic. The prosecutor's office decides case by case. In Limburg, a driver stationary at a red light pays the fine but keeps their licence.

The same police zones announce a lower alcohol threshold for licence withdrawal: 0.35 mg per litre of exhaled air. We explain these rules in our article on drink-driving.

Can a camera catch you using your phone?

No Belgian camera is dedicated to mobile phones. A pilot project in five police zones, planned for 2023, was dropped for legal and political reasons.

Photos from number plate recognition (ANPR) cameras that record speeding or a red light can still show the driver. If the photo shows a phone in hand, an officer can issue a fine for it after examining the image. This depends on agreements with the local prosecutor's office. On 17 October 2026, the press reported the confirmation from the Federal Police and the Minister of Justice. According to the press, the Court of Cassation has upheld this practice.

The Mobility and Interior ministers want to bring in the Dutch system, which combines cameras and artificial intelligence. In the Netherlands, the first camera has been running since May 2025. The fine there was 430 € at launch. Belgium still lacks a legal basis and a timetable.

Speeding and a phone on the same photo: a double fine?

One photo can show both speeding and a phone in hand. That does not mean you receive two on-the-spot fines.

  • No on-the-spot fine. For a Belgian resident, it is excluded when a third-degree offence is recorded together with another one (Royal Decree of 19 April 2014, Article 7). Both offences appear in the same police report.
  • The prosecutor decides. They offer a settlement or summon you to the police court.
  • Two driving bans possible. Since 1 September 2026, the judge can impose a driving ban for each offence that allows one.
  • How the fines combine is still unclear. Before 1 September 2026, the judge only applied the heaviest penalty if the offences stemmed from the same intent. The courts have yet to settle practice under the new Criminal Code.

So the term ‘double fine’ describes a different risk: two offences judged in the same case. In court, the phone offence alone can cost 300 to 5,000 €.

How many mobile phone offences are recorded in Belgium?

  • 106,686 offences recorded in 2025, compared with 110,967 in 2024 (Federal Police).
  • By region: 26,981 in Wallonia (+6.3%), 27,156 in Brussels (+13.3%), 52,549 in Flanders (-14.7%).
  • Around 50 deaths and 4,500 injuries a year are linked to phone distraction (Vias figures cited in 2026 by the West Flanders prosecutor's office and the press).
  • Reading or sending a text multiplies the risk of a crash by 6. One Belgian in 4 does it while driving (Vias).

CarPlay or Android Auto: how to stop touching your phone

Apple CarPlay and Android Auto show navigation and music on the car's screen. You dictate messages and have them read out. Wireless versions even save you plugging in the phone.

On a used car, test these features during the test drive. For a new car, include them in the specification. We advise you on this choice. Set your route before you set off.

Free valuation and free advice

Buying or selling a car? Visit us in Wavre or call 010 56 13 80.

  • Free valuation of your car
  • Free advice on phone connectivity features, for new or used cars
  • Used cars with a 118-point inspection

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Frequently asked questions about mobile phones while driving

191 € as an on-the-spot fine since 1 July 2026, plus 10.67 € in fees. In court, the fine ranges from 300 to 5,000 € and the judge can impose a driving ban.

No. A red light or a traffic jam is neither stopping nor parking under the Highway Code. The ban applies.

No. The public prosecutor decides case by case. The prosecutor's offices in Limburg, West Flanders and Namur apply it to phone use. In Limburg, a driver stationary at a red light pays the fine but keeps their licence.

No camera in Belgium is dedicated to mobile phones. If a speed camera flashes you for speeding or a red light and the photo shows a phone in hand, an officer can also issue a fine for the phone.

Not two on-the-spot fines. The case goes to the prosecutor's office, which offers a settlement or summons you to court. The judge can impose two driving bans if both offences allow it.

Yes, if it is fixed in a holder designed for that purpose. Touching the screen is not banned, but the police advise against it.

Yes, if you do not hold the phone. The police can still apply Article 8.3 if you are no longer in control of your car.

About the author Nathan Fougnies runs Garage Privé in Wavre with Louis. Since 2018, the agency has been selling used cars on behalf of their owners, with a 118-point inspection and an optional warranty of up to 60 months.

Sources

Road vignette 2027 in Belgium: prices, compensation and what you will pay in your region
90, 100 or 125 € a year from 1 May 2027, a road tax cut in Wallonia, reforms in Flanders and Brussels: the calculation for each type of car.