Article 5 Road Traffic Act 1994 (dangerous or obstructive behaviour)

By /
Hands on a steering wheel with city lights on a wet windscreen

Article 5 of the Road Traffic Act 1994 (Wegenverkeerswet 1994, WVW 1994) is the general rule of conduct in Dutch traffic law. It prohibits anyone from behaving in a way that causes, or may cause, danger on the road, or that hinders, or may hinder, traffic. A breach is a minor offence (overtreding), and no accident or damage is needed.

Who does Article 5 apply to?

It applies to every road user: drivers, cyclists, motorcyclists and pedestrians. The conduct itself is decisive. It is enough that danger or hindrance could have arisen, even if nothing actually happened.

When does the prosecutor use Article 5?

The Public Prosecution Service (Openbaar Ministerie) uses Article 5 for conduct that goes beyond an ordinary traffic error but does not meet the stricter tests of other provisions. It is often the alternative charge next to:

  • Article 5a WVW 1994: intentional, very dangerous driving that seriously endangers others;
  • Article 6 WVW 1994: causing an accident with death or injury through fault (schuld).

How is an Article 5 case handled?

The police draw up an official report (proces-verbaal). The prosecutor can then issue a penal order (strafbeschikking), usually a fine, or summon you to the subdistrict court (kantonrechter). You can object (verzet) to a penal order within 14 days. The case then goes to a judge, who decides whether your conduct could really have caused danger or hindrance.

Frequently asked questions

Is Article 5 a crime?

No. It is a minor offence (overtreding), not a crime (misdrijf). Penalties are generally lighter than in an Article 5a case.

What can a defence focus on?

The traffic situation, visibility and distances, for example how far away an oncoming vehicle really was.

Related terms

For help with a traffic offence, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.