Exchange of information on road-safety-related traffic offences

All owners or holders of vehicles registered in Luxembourg who commit an offence in another EU Member State may be automatically reported.

Following the entry into force of the law on the cross-border exchange of information on road-safety-related traffic offences, the authorities of the Member State in which an offence has been committed may consult Luxembourg data with a view to prosecuting the holder of the Luxembourg registration certificate (Luxembourg vehicle owner).

This means, for example, that the owner of a vehicle registered in Luxembourg who is caught speeding by a fixed radar device in another EU Member State may be prosecuted and ordered to pay a fine.

The traffic offences in question include:

  • exceeding the speed limits in force in the State in which the offence is committed (speeding);
  • failure to wear seat belts;
  • going through a red light;
  • drinking and driving;
  • driving under the influence of drugs;
  • failure to wear a helmet;
  • driving in a forbidden lane;
  • use of a mobile telephone or other communication devices while driving.

Penalties and fines are set in accordance with the national rules of the State in which the offence was committed.

These measures relate to situations in which the vehicle was not directly intercepted by the police services of the State in which the offence was committed.

The owner, the holder of the vehicle or any other identified person alleged to have committed an offence will be informed thereof by registered letter, specifying:

  • the nature of the offence;
  • the place, date and time of the offence;
  • the law that was violated;
  • the legal consequences of the offence under the relevant national law;
  • the corresponding legal proceedings;
  • where appropriate, information on the device used to detect the offence.

The language used to inform the driver of the offence they committed will be that used in the registration document, if it is available or, failing that, in one of the official languages of the Grand Duchy of Luxembourg, namely Luxembourgish, German or French.

If the fine is not paid, the file will be forwarded to the Luxembourg Public Prosecutor's Office, which in turn will invite the offender to pay the fine.

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