Anti-SUV protestors deflate tyres in Watermael-Boitsfort

Climate activists protesting against large cars in the city are deflating the tyres of SUVs in Watermael-Boitsfort.

Several owners of larger cars found notes on their cars in recent days explaining that their tyres were deflated as a statement against the harm these types of vehicles cause.

“SUVs create more pollution than smaller vehicles,” the note reads. “Accidents involving SUVs are more serious for their victims and cause more deaths. Psychological studies show that 4x4 drivers take more risks on the road.”

Police were called to investigate but the law is unclear on whether the activism is a form of protected free speech or punishable property damage – assuming the perpetrator can be identified and proven guilty at all.

“That’s perhaps the most complicated part,” Bruno Gysels, a lawyer specialising in traffic law, told RTBF.

“Next, we need to see how the facts would be classified. Case law is divided on this issue. The majority of courts consider that this is a criminal offence, namely rendering a vehicle ‘unfit for use’. A minority of courts treat it as damage to property.”

But in France, for example, recent court cases have protected climate activists based on the reasoning that their actions were "civil disobedience justified by a higher cause", namely the preservation of the environment.

“As the concept of civil disobedience does not exist in Belgian law, it would be up to the judge to decide on a penalty," Gysels added. "And here, he can be creative, imposing a penalty or not, or even obliging the perpetrators to repair the damage caused, for example."

To plead civil disobedience in Belgium, said Gysels, at least four cumulative conditions must be met: the act must respect the principle of non-violence, be public, invoke a cause of general interest, and the perpetrator must accept the principle of punishment.

Whether or not investigating the issue is a worthwhile use of police time is also debated: the tyres are not slashed or damaged; activists simply release air from the valve.

The "tyre extinguishers" movement even offers a manual on its website on how to deflate a 4x4 or SUV tyre without damaging it or causing any harm.

“To bring such a case to court, I think there would have to be a huge number of cars affected and a very large number of perpetrators,” Gysels said.

“Otherwise, given the current backlog in the courts, it is unlikely that a decision would be taken to prosecute for this type of offence.”