Article 164 of the Road Traffic Act 1994 (Wegenverkeerswet 1994, WVW 1994) obliges a driver against whom an official report is drawn up to hand over the driving licence on the first demand of the police (invordering). The public prosecutor (officier van justitie) then decides within ten days whether the licence is withheld (inhouding) until the criminal case ends.
Table of contents
When must the police seize your licence?
The second paragraph makes seizure mandatory in serious cases, including:
- a breath alcohol level above 570 micrograms per litre (1.3 per mille in blood), or above 350 micrograms (0.8 per mille) for novice drivers;
- exceeding the speed limit by 50 km/h or more, or by 30 km/h or more on a moped, if you are stopped on the spot;
- refusing to cooperate with a breath or blood test.
Under the third paragraph, the police may also seize the licence when road safety was seriously endangered.
What happens after seizure?
The police send the licence and report to the prosecutor. If there is no decision within ten days, the licence must be returned. If it is withheld, it must still be returned if the trial has not started within six months of seizure and no penal order (strafbeschikking) has been issued. Time without your licence is deducted from any later driving disqualification (rijontzegging).
How can you get your licence back sooner?
You can file a complaint (klaagschrift) with the registry of the district court (rechtbank). The court hears you in chambers (raadkamer) and decides as soon as possible. A typical argument is that the expected disqualification will be shorter than the time you have already been without your licence.
Frequently asked questions
Does this apply to foreign licences?
Yes. The duty to surrender also covers foreign driving licences.
Is the CBR involved?
Often. The police may report you to the CBR, which can order a course or fitness-to-drive assessment separately from the criminal case.
Related terms
- Driving under the influence
- Article 8 Road Traffic Act 1994 (driving under the influence)
- Penal order
- Seizure of evidence
- Public prosecutor
For help with a seized driving licence or traffic case, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.
