Trajectcontroles Must Be Legal: Lanaken Lawyer Prepares Legal Challenge Against GAS Fines

An attorney from Lanaken is preparing legal action against municipal traffic fines issued via automated speed cameras, arguing that the enforcement system violates Belgian law. The lawyer contends that fines issued under the Gemeentelijke Administratieve Sanctie (GAS) framework for speeding violations detected by trajectcontroles are unlawful because the authority to impose penalties has been improperly delegated to a private company.

The legal challenge centers on the contractual arrangement between the municipality of Lanaken and TaaS, Trajectcontrole as a Service, which holds a concession agreement to manage the installation, operation, and maintenance of speed camera systems across ten locations in the municipality. According to municipal documentation, TaaS is responsible for the technical aspects of the system, while the municipality states that GAS fines are issued locally for violations.

Recent reporting indicates that similar legal challenges have emerged across Flanders following a court ruling in Limburg that questioned the legality of delegating enforcement powers to private entities in traffic monitoring systems. That ruling determined that while private companies may handle technical components such as camera maintenance and data collection, the authority to issue fines and enforce traffic laws must remain with public authorities. The court found that excessive delegation blurred the separation of powers, rendering fines issued through such systems potentially invalid.

In Lanaken, the trajectcontroles are deployed on roads with 50 km/h speed limits, including the Bessemerstraat, Koning Albertlaan, Waterstraat, Groenstraat in Rekem, Heirbaan, Dorpsstraat in Gellik, Veldwezelt’s 2e Carabininierslaan and Lindestraat, and the Industrieweg in Smeermaas. Municipal officials state that these systems were introduced to address persistent speeding in high-traffic zones and to improve traffic flow through average speed measurement over extended distances.

The Lanaken-based lawyer is preparing to contest the legal basis of the GAS fines, asserting that the current structure contravenes principles of administrative law by allowing a private firm to exercise functions that constitute public authority. The outcome of such a challenge could affect the validity of numerous fines issued across the municipality’s ten trajectcontrole locations, mirroring broader concerns raised in Limburg where over €14 million in fines collected through similar systems are now subject to legal scrutiny.

As of the date of reporting, no court proceedings have been initiated, and the municipality continues to operate the trajectcontrole system under its existing concession with TaaS. The administration maintains that the setup complies with legal requirements, emphasizing that sanctions are applied municipally and that the private partner’s role is limited to technical support.