A Car-Pass is a document that shows the mileage history of a vehicle. It mentions the number of kilometres driven and the date on which that mileage was recorded. It gives you the vehicle's "mileage history". You can then, at the time of sale, check whether the number of kilometres on the odometer corresponds to reality.
Since March 1st 2019, this document must contain the following elements:
- the vehicle's 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.
The document also mentions:
- 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 the document was drawn up;
- the Car-Pass' identification number (which can be used to verify the document's authenticity).
A Car-Pass must be supplied with every sale of used vehicles registered in Belgium:
- when an automotive professional sells a used vehicle to a private individual;
- when a private individual sells a used vehicle to another private individual.
As a private individual, you are, therefore, not legally obliged to supply a Car-Pass, if you sell your vehicle to a professional.
The obligation to supply a Car-Pass does not apply in the case of a vehicle which, at the time of the sale, was not registered in Belgium. The association in charge of the central registration of the odometer reading cannot supply this Car-Pass because it did not receive the odometer data.
3. Is it necessary to draw up another sales document in addition to the Car-Pass when selling a used vehicle?
- A sales document must be drawn up for the sale of a vehicle already registeredbetween professionals;
- by a professional to a private individual;
- or by a private individual to a professional.
The document must contain the following elements:
- the make and model of the vehicle;
- the Vehicle Identification Number (VIN);
- the year of initial registration;
- the odometer reading on the counter on the date of the sale;
- the sale price;
- the date of sale;
- the identity of both parties to the contract;
- the signature (unless all the information listed above is stated on the sales invoice).
It is up to the seller to draw up the document, except in the case of the sale of a used vehicle by a private individual to a professional. For example on the occasion of the purchase of a new car. In that case, it is up to the professional to draw up the document.
The document shall be drawn up in duplicate and each party shall receive one.
In the case of the sale of a second-hand vehicle between private individuals, there is no legal obligation to draw up such a sales document. However, it is recommended to do so in order to avoid discussions afterwards.
Non-compliance with these obligations can have far-reaching consequences. Indeed, the legislation provides that a buyer who did not receive a Car-Pass can ask the court to dissolve the contract of sale. If the judge declares the contract dissolved, the purchase must be considered null and void and then, the purchase sum must be refunded.
The same civil sanction shall apply if, contrary to the law, the sales note described in question 3 has not been supplied or if it does not contain the legal statements.
Unless proven otherwise, the information contained in the documents shall be presumed to be accurate.
Consult the conditions for issuing a Car-Pass (question 2) and the conditions for issuing a sales document (question 3).
If you want to sell a used vehicle, you must present it for a specific technical inspection. This will then, at your request, supply a Car-Pass. The mileage test is, then, produced and supplied on site.
It is not always necessary to have a technical inspection carried out in order to obtain a Car-Pass. If you took your vehicle for a full technical inspection at least 2 months before, a simplified second-hand inspection may suffice to supply the Car-Pass. However, this is on condition that no defects are detected during the visual inspection.
You can also obtain the Car-Pass upon request. The vehicle will have to be physically brought in before a Car-Pass will be issued. The Vehicle Identification Number (VIN) and the odometer reading must be recorded in order to have a Car-Pass made.
The legislation stipulates that the Car-Pass accompanying the sale of a second-hand vehicle must be recent. In practice, it means that the Car-Pass may not be older than 2 months.
7. I have already a valid Car-Pass, but I still have to take my vehicle for a technical inspection. Does it mean I have to buy a new Car-Pass?
No. If you have a valid Car-Pass, you are not obliged to purchase a second one.
In order for the system to run smoothly, when you drive a vehicle to the technical inspection with a view to selling it, you can usually request a Car-Pass automatically. If you have a valid Car-Pass, it is sufficient to present it to the technical inspector.
On 1 January 2020, the price of the Car-Pass has been set at EUR 9,40 (including VAT).
The price of a Car-Pass is set by Royal Decree. The decision provides that the price of the Car-Pass will be adjusted according to the change in the consumer price index.
If a Car-Pass indicates fewer than 4 kilometres at intervals of less than 2 months, it will be delivered free of charge.
Numerous measures were taken to rule out counterfeiting and fraud. For example, the Car-Pass is printed on special paper, which makes counterfeiting and fraud considerably more difficult.
If you have doubts about the authenticity of the Car-Pass, you can always carry out a check on the website www.car-pass.be, using the Car-Pass' identification number. Follow the instructions that appear on the screen.
The legislation tasked a single organisation with the centralisation of mileage data for all vehicles. On the basis of very strict criteria, the non-profit association Car-Pass obtained recognition for this.
This non-profit association receives the mileage data
- from automotive professionals when they carry out interventions on a particular vehicle: garages, body repairers, tyre centres, etc.
- from the authorities responsible for roadworthiness tests and recording the odometer value of the vehicle submitted for roadworthiness tests;
- from the manufacturers of new vehicles or their authorised representative, the odometer readings of related vehicles and the odometer history of vehicles already registered in another country prior to their registration in Belgium.
These odometer readings are sent to the non-profit association Car-Pass along with the Vehicle Identification Number (VIN) and the date on which the odometer reading is recorded.
The DIV (Vehicle Registration Service of the Federal Public Service for Mobility and Transport) provides the non-profit association with all vehicle registrations in Belgium.
By combining all this data, the "mileage history" of the vehicle can be established.
This is absolutely prohibited by law. The data stored in the central database of the non-profit association Car-Pass can only be used to supply mileage tests on request, known as the Car-Pass. It means that each Car-Pass must be requested separately from the non-profit association and that, at the time of the request, the Vehicle Identification Number (VIN) and the odometer reading must also be passed on.
So, there is a unique goal that is defined very strictly and unambiguously. In order to guarantee the uniqueness, a large number of conditions are imposed on the non-profit association Car-Pass. Moreover, the organisation also took a considerable number of precautions to secure the registered data in a comprehensive manner.
It is, therefore, absolutely out of the question that odometer readings stored in the central database are passed on to third parties for commercial purposes.
When a professional, e.g. a mechanic, is working on your vehicle, they should note down the mileage. However, this is not obligated when the amount for the work does not exceed EUR 125 (including VAT) and when the work is carried out for a natural person using the vehicle for private purposes.
The mileage, the date it was recorded and the Vehicle Identification Number (VIN) are then passed on to the association in charge of central registration, the non-profit association Car-Pass.
You will also find this information on the invoice or any other document issued by the professionals as a result of the work carried out.
The same happens when you present a vehicle for technical inspection.
The communication of the data is done electronically. This communication shall also include the information of the professional who carried out the work.
The data is communicated to the association while the vehicle is at the disposal of the professional for carrying out the work on the vehicle.
Despite the precautions and internal control mechanisms, errors can still creep into the Car-Pass (e.g. confusion between figures or figures that are reversed), causing an incorrect odometer reading to appear on the Car-Pass.
Of course, it must be possible to correct this type of error. If you can prove that an error actually occurred in the data passed on to the non-profit association Car-Pass, then the necessary corrections will be made free of charge.
It is advisable to keep all invoices and documents showing the mileage of your vehicle. In the event of a dispute, these supporting documents can help you to make the necessary corrections. And if necessary, they can also be used to record any liabilities.
When a professional works on your vehicle and draws up an invoice or any other document (e.g. under warranty), he must state the odometer reading and Vehicle Identification Number (VIN) at the time the work is carried out.
This is the data which is also passed on to the non-profit association Car-Pass.
The authorities responsible for the technical inspection will record the odometer reading for each inspection. This mileage, which you will also find on the inspection certificate, will be passed on to the central database.
Article 4, §3 of the Act of 11 June 2004 on the provision of information when selling used vehicles imposes upon the seller of a vehicle already registered in Belgium the obligation to provide the buyer with a Car-Pass, except where the buyer is a professional within the meaning of the law. Thus, it is up to the seller to prove that they are complying with the legal obligation.
Therefore, in the event of a dispute, the buyer does not have to prove that no Car-Pass was delivered. The seller must prove that he forwarded the document in question to the buyer, at the latest upon conclusion of the contract. As a reminder, the acceptance of an order form by the two parties constitutes the contract of sale.
The mere fact that the seller applied for and obtained (or paid for) a Car-Pass at the technical inspection is insufficient to provide such proof. A mere mention (perhaps of the Car-Pass number) on the sales invoice does not seem to be sufficient proof either, since the invoice is usually only drawn up once the contract wasconcluded.
The seller is advised to draw up a document and have it signed by the buyer with a confirmation that the Car-Pass was supplied upon concluding the sales agreement.
For other questions, please contact the
Federal Public Service Economy
General Directorate for Economic Regulation
Service for the Protection of Consumer Rights
City Atrium C
Rue de la Frontier 50
Tel.: +32 2 277 81 68
Fax: +32 2 277 52 59