A woman who fought her parking ticket all the way to Belgium’s supreme court has won her case, which is expected to have implications for local parking regulations across the country
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Blue disc OK to use if parking machine not working, says highest court
Lisa Bradshaw
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Let it never ben said that you should not fight a parking ticket: The Court of Cassation has ruled in favour of a driver who was fined for not paying for parking on the street as the payment machine was defective.
It took four years for the case to reach the highest court in the land, the decision of which has implications for parking regulations across Belgium. The court ruled in favour of a woman from Charleroi, who displayed her blue parking disc in her car when the nearest payment machine didn’t work.
According to the city, motorists must either find another machine in the area that does work or pay via an app. No sirree, said the Court of Cassation.
The Flemish government has already indicated that there is in fact no obligation to look for another parking meter first
Traffic lawyer Laurens Guinée
“In fact, the traffic laws have always stated that you are allowed to use the blue disc if the parking machine is out of order,” traffic lawyer Laurens Guinée told VRT. “But some municipalities have introduced a stricter rule requiring drivers to look for another working machine first. The Court of Cassation has now made it clear that such an additional obligation cannot override the general rules of the road.”
The decision could have implications for other cities and towns. Several local authorities currently have parking regulations requiring motorists to find another machine if the closest one is out of order, or to pay via an app. “This ruling now calls that into question,” says Guinée.
Simple choice for motorists
According to the lawyer, the ruling is also in line with forthcoming regional traffic regulations. “The Flemish government has already indicated that there is in fact no obligation to look for another parking meter first. The Court of Cassation states in very clear terms that if a local authority expects motorists to pay for parking, then they are entitled to expect the parking meter to be working.”
So the choice for drivers is simple, Guinée says. “If the parking machine is out of order, put your parking disc in your windscreen straight away. On weekdays, you can then park for up to two hours. You don’t have to look for another machine or take any further steps.”