The rules for safe and responsible participation in traffic are laid down in the Road Traffic Act 1994 (Wegenverkeerswet), violating these rules -and thus the law- is punishable and can result in a fine, the loss of your driver’s license or even imprisonment.
The basis for all traffic rules lies in article 5 of the Wegenverkeerswet 1994, this article is also called the ‘general norm’.
The general standard (or norm): You may never behave on the road in such a way that you (potentially) obstruct or endanger others.
Do you find yourself in a traffic situation where no clear traffic rule applies? Then always act on this basic principle.
The general standard is first and foremost about social road behavior. You may not obstruct others and even causing potential danger -by not obeying the traffic rules- is punishable. Social driving behavior is also taking into account the mistakes made by other road users.
The rules of the RVV 1990 aim at a safe use of the road. However, in traffic it is not possible to make a rule for all specific situations. The general standard provides for those cases where rules are lacking and therefore always applies. In particular, causing danger and the likelihood of causing it is covered by the general standard. Tough driving with swerving is an example from which danger can arise. Another aspect is impeding which can quickly create danger.
Think of driving unnecessarily slowly or braking on purpose. There is no rule of conduct for these examples. This type of behavior, which can be dangerous, falls under the general standard.
For your own safety and the safety of others, this is also prohibited on public roads:
- Driving on after an accident
- Organizing or participating in racing competitions
- Joyriding (driving a vehicle that does not belong to you without permission)
- Causing unnecessary air or noise pollution
- Transporting people in the cargo area of your car, or on a trailer behind your car
Law and justice
If you do not obey the law, you are committing a criminal offense. There are two types of criminal offenses:
- Misdemeanors
- Felonies
Traffic offenses
Minor traffic offenses are handled by the Public Prosecutor’s Office (Openbaar Ministerie) through administrative law, also known as the Mulder Act (Wet Mulder)
For example, if you are caught driving too fast, you will receive a decision -fine- from the CJIB (Central Judicial Collection Agency, Centraal Justitieel Incassobureau).
By paying the fine, the case is over. A minor offense will not appear on your criminal record.
Do you think you received a fine unjustly? Then you can appeal this to the public prosecutor. The fine after a traffic violation is addressed to the license plate holder. This does not necessarily have to be the driver who committed the traffic violation.
Lout facts
Loutish behavior in traffic has been dealt with more harshly since Jan. 1, 2015. Since that time, 23 offenses from the Mulder Act, nevertheless fall under criminal law. Treating these offenses through criminal law removes “traffic louts” from anonymity and makes it possible to more severely punish repeat offenders. Thus, antisocial rig behavior can earn you a notation on your criminal record.
Examples of lout infractions include:
- Ignoring a red cross on the highway.
- Overtaking just before or at a crosswalk.
- Overtaking a driver who is lined up on the left. ❓
Traffic offenses
Serious traffic offenses, are considered traffic offenses and handled through criminal law. A judge determines the punishment in this case. A conviction will appear on your criminal record.
Examples of serious traffic offenses are:
- Breaking traffic laws and causing a fatal accident or serious injury
- Driving under the influence
- Refusing to cooperate with a breath analysis or blood test
- Violating a driving ban
- Driving while disqualified from driving or after license revocation
- Continuing to drive after an accident
- Leaving an injured person in a helpless condition
- Failing to report to the police within 12 hours of continuing to drive after an accident
- Joyriding
Penalties for traffic offenses
If you commit a traffic crime, the judge will determine your punishment.
He can choose from (a combination of) the following penalties:
- A prison sentence and/or a fine or alternative penalty
- Disqualification from driving (read more about this in Chapter 9)
- A settlement
Educational measures
If you commit a serious traffic violation or are caught driving under the influence, the police will inform the CBR. The CBR can then impose an educational measure on you. An educational measure is a course designed to help you safely participate in traffic again through discussion and education.
This course is in addition to the punishment imposed on you by the Public Prosecutor or the judge.
Participation in the course is mandatory, and you pay the cost of attending. If you refuse to take the course, your driving license will be invalidated. In that case, you must take the driving test again before you can drive again.
There are three educational measures:
- Educational Measure Behavior and Traffic (EMG)
- Light Educational Measure Alcohol (LEMA)
- Educational Measure Alcohol (EMA)