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Can I take a passenger or a child on the back of my motorbike or moped?

In short

Under certain conditions. The passenger must have a seat and keep their feet on the footrests. Children under 3 may not be carried at all, and children under 8 may not be carried on a motorbike over 125 cc.

This rule in 69 seconds
Video transcript

You want to put your two-year-old on the back of your motorbike for a short ride. It depends: A child under 3 can't be carried; on a motorbike over 125 cc, no child under 8. To carry a passenger on a moped, the rider must be at least 18. The right way: The passenger needs a seat, feet on the footrests and a helmet. Sitting sideways is forbidden. Traffic fine: Child-carrying rule: 191 € + 10,67 €; Passengers, footrests: 64 € + 10,67 €; In court (3rd degree): 300 € – 5.000 €.

What is not allowed, what is required?

  • You may not carry more people than there are seats. The passenger must keep their feet on the footrests (voetsteunen / repose-pieds).
  • The passenger must not sit side-saddle (amazonezit / position en amazone), and the rider must not allow it either.
  • Carrying a child under 3 on a moped or a motorbike is forbidden.
  • A child aged 3–8 may only be carried on a motorbike of up to 125 cc or on a moped in a suitable child seat (kinderbeveiligingssysteem / dispositif de retenue). Children under 8 may not be carried on a motorbike over 125 cc.
  • To carry a passenger on a moped, you must be at least 18. A moped rider aged 16–17 may only carry a driving instructor or examiner.

Penalty and indirect consequences

Fine / payment
The rules on carrying children: 3rd-degree offence, on-the-spot fine 191 € (+10,67 € administrative costs). The rules on the number of passengers, footrests and sitting side-saddle: 1st-degree offence, 64 € (+10,67 €).

Legal basis:KB 30.9.2005, art. 3, 20°/1 (Justel)KB 30.9.2005, art. 1 (Justel)

Court / prison
No prison sentence. In court, a 3rd-degree offence can lead to a fine of 300 € – 5.000 €; a driving ban of 8 days to 5 years is also possible.

Legal basis:wegcode.be – Overtredingen per graad

What does this level mean? Traffic offence, degree 3: On-the-spot payment €191; in court €300 – €5,000; the court may suspend the licence for 8 days – 5 years. All penalty levels →

What really matters: the indirect consequences

  • The passenger must also wear a helmet; on a motorbike, the rule on gloves, jacket, long trousers and boots also applies to the passenger.

    Legal basis:KB 1.12.1975, art. 36 (Justel)

  • If you are convicted again within three years, the fine in court is doubled.

    Legal basis:Wegverkeerswet 16.3.1968, art. 29 §4 (Justel)

  • A small child cannot protect themselves in a fall, and the injuries can be very serious.

What do these terms mean?

On-the-spot payment
A fixed amount offered by the police. If you pay, the case is closed and does not go to court. If not, the prosecutor takes over; the amount can rise and the case can go to court.

All terms: glossary →

Why does this rule exist?

A passenger, especially a child, can fall off a motorbike if they cannot hold on tightly. Footrests and a child seat help them stay balanced. Age limits protect very young children from the risks of powerful motorbikes.

Where can you go?

  • Municipal driving licence serviceExchanging a foreign driving licence and other licence matters
  • Free first-line legal adviceIf you have been summoned to the police court (juridische eerstelijnsbijstand / aide juridique de première ligne)
  • Social interpreterAt the municipality, the OCMW/CPAS, school and hospital, you can ask for an interpreter in your language; it is often free.

This site does not handle individual cases; it points you to the right service. All help addresses

Source and reliability

Official source
Source check
14 / 14 statements in an official source
Checked: 16.10.2026
Last checked
16.10.2026
Rules can change
Show the 14 checked statementsopen

The checked statements are in Turkish, as in the source text. This check does not replace legal advice.

General information, not legal advice. For your own situation, ask a lawyer or free legal aid. How was this information prepared?

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