Car-Pass, information about used vehicle

In order to put an end to mileage fraud, the legislator implemented a system that certifies the mileage of used vehicles: the Car-Pass.

Since 2004, any private individual or professional wishing to sell a used vehicle is obliged to supply the private buyer with a Car-Pass. The only exception to this rule is when a private individual sells his car to a professional in the automotive sector.

A “private individual” is a person who is not a professional and who, in this respect, does not buy and sell vehicles, or does not carry out work on vehicles regularly or as part of his professional activity. Private individuals and businesses/self-employed workers are considered to be ‘private individuals’ within the meaning of that legislation, as long as they are not professionals.

The Law of 22 December 2022 amended the Law of 11 June 2004 on the provision of information when selling second-hand vehicles. It imposes new obligations, which have been in force since 1 July 2023.

When offering an already registered vehicle for sale, the professional seller must show the Car-Pass details in his advertisements and showroom that the non-profit association has at that time:

• the recorded mileage
• where available, the vehicle's Euro standard
• where available, the official CO₂ emissions and the test procedure used
• any recall actions which led to no consequences for the vehicle concerned
• the fact that the vehicle must undergo an inspection following an accident before it can go back on the road
• whether or not the vehicle has an electric motor for propulsion
• the official electric range, if applicable
• the fuel type, if applicable

The Law of 22 December 2022 also stipulates that the Car-Pass data may be used for carrying out studies and compiling non-commercial and anonymised statistics.

Moreover, businesses may share the meter reading with the non-profit organisation Car-Pass, linked to the number plate rather than the Vehicle Identification Number. This will reduce the encoding errors of the Vehicle Identification Number.

As of 1 January 2024, companies in the automotive sector must provide a description of the work carried out on the vehicle, along with the mileage data. These data are shared via the electronic applications made available by the non-profit organisation Car-Pass, subject to the terms determined by Car-Pass.

Information stated on the Car-Pass

When the vehicle is sold to a private person, the seller (professional or private) must supply the Car-Pass. This document contains the vehicle's mileage history and the following details:

• the entire recorded mileage and the accompanying recording dates
• where available, the Euro standard that the vehicle meets
• where available, the official CO₂ emission figures and accompanying test procedures
• any recall actions which led to no consequences for the vehicle concerned
• the fact that the vehicle must undergo an inspection following an accident before it can go back on the road
• whether or not the vehicle has an electric motor for propulsion
• the official electric range, if applicable
• the fuel type, if applicable

The Car-Pass also contains other information:

• the make and model of the vehicle
• the vehicle's initial registration date and, where available and if this differs, the date of its initial registration in Belgium
• the  Vehicle Identification Number (VIN)
• the date on which he document was drawn up
• the Car-Pass' identification number, which can be used to verify the document's authenticity

The seller must be able to provide proof of supply of the Car-Pass to the buyer, by the time the contract is concluded at the latest.

Advantages of the Car-Pass

Thanks to the Car-Pass system, mileage fraud in Belgium  virtually disappeared. For more information, please consult the non-profit association Car-Pass' annual report for 2022.

The Car-Pass gives the buyer a better idea of the value of the vehicle they want to buy.

When purchasing a used car from a mechanic or a private individual, the law stipulates that, if the buyer does not receive a Car-Pass, he can ask the court to terminate the sales contract. If the judge decides to cancel the contract, the purchase must be considered null and void and the purchase sum must be refunded to the buyer.

The Car-Pass system also increases transparency and credibility in the used vehicle sector.

Sharing data from the central database

As of 1 July 2023, the Car-Pass data may be processed for the following purposes:

• communication to third parties who request it in order to meet their obligations, when selling an already registered vehicle;
• organisation of data consultation by professionals;
• drawing up an annual report on the activities of the non-profit organisation Car-Pass and making it available to the public;
• archiving in the public interest, carrying out or participating in studies for historical, scientific or statistical purposes, and communicating the results to third parties;
• the sharing of data with third parties as determined by law, to archive in the general interest or to carry out studies for historical, scientific or statistical purposes.

When the non-profit organisation Car-Pass agrees to share data with third parties to archive in the public interest or to carry out studies for historical, scientific or statistical purposes, it enters into a contract with these third parties. This contract must contain certain elements, such as: details of how the data subjects concerned may exercise their rights and how parties may submit requests to receive and process data for archiving in the general interest or to carry out studies for historical, scientific or statistical purposes, the data categories which are made available to the recipient by the organisation, the arrangements for further dissemination of the data, whether the recipient and any subsequent recipients must delete the data after compiling the study or the overall anonymous statistics, or return the data to the organisation and delete any copies, and the duration of the proposed processing operation.