Article 11 of the Administrative Enforcement of Traffic Regulations Act (Wet administratiefrechtelijke handhaving verkeersvoorschriften, WAHV) makes an appeal against a traffic fine to the subdistrict court (kantonrechter) depend on security (zekerheidstelling). You must pay the fine and administrative costs as security within two weeks of being notified, or the court will not hear your appeal.
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How does a WAHV appeal work?
The WAHV, often called the Mulder Act, has two stages. First you lodge an administrative appeal with the public prosecutor (officier van justitie) under Article 6 WAHV. If the prosecutor rejects it, you can appeal to the subdistrict court under Article 9 WAHV. Article 11 applies at this second stage.
How much security must you pay, and when?
After receiving your appeal, the prosecutor informs you that you must post security. You have two weeks from the day that notice was sent. The amount equals the fine plus administrative costs, but for a fine of 225 euro or more it is capped at 225 euro plus costs. For people under 16 at the time of the offence, these amounts are halved. If the court rules in your favour, the security is refunded.
What happens if you pay late?
The court declares the appeal inadmissible (niet-ontvankelijk) and does not look at your objections to the fine. The only exception is when you cannot reasonably be blamed for the delay, for example because the notice demonstrably never reached you through a government error. Once security is posted, the prosecutor must send the file to the court within six weeks; this can be extended by four weeks if the prosecutor partly meets your appeal.
Frequently asked questions
Does paying security mean I accept the fine?
No. Security only keeps your appeal alive. The court still decides whether the fine was rightly imposed.
Can I explain why I paid late?
Yes, but you need concrete, verifiable circumstances. Not opening your post is not enough.
Related terms
- Administrative fine
- Missing a deadline
- Penal order
- Article 5 Road Traffic Act 1994 (dangerous or obstructive behaviour)
For help with traffic fines and traffic offences, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.
