Article 5a of the Road Traffic Act 1994 (Wegenverkeerswet 1994, WVW 1994) makes very dangerous driving (zeer gevaarlijk rijgedrag) a criminal offence (misdrijf). It prohibits intentionally seriously breaching traffic rules where danger to another person’s life, or of serious bodily harm, is to be feared. No accident is required.
Table of contents
What must be proven under Article 5a?
Three elements: intent (opzet) to break traffic rules, a serious breach of those rules, and foreseeable danger (te duchten gevaar) of death or serious injury to someone else. The first paragraph lists examples of relevant conduct, including:
- dangerous overtaking or failing to give way;
- driving on the hard shoulder where prohibited;
- significant speeding or tailgating;
- running a red light or driving against the traffic flow;
- holding a mobile phone while driving.
Does alcohol or drug use play a role?
Yes. Under the second paragraph, the court takes into account to what extent you were under the influence within the meaning of Article 8 WVW 1994.
How does Article 5a differ from Article 5?
Article 5 is a minor offence (overtreding) for which causing, or possibly causing, danger or hindrance is enough. Article 5a requires intent and serious danger to others. Prosecutors often charge Article 5a with Article 5 as an alternative (subsidiair) charge.
Frequently asked questions
Which court hears the case?
The prosecutor usually summons the suspect to the police judge (politierechter), who can impose a penalty and a driving disqualification (rijontzegging).
What does the defence focus on?
Whether the conduct lasted long and was serious enough to prove intent, and whether other road users were actually nearby.
Related terms
- Article 5 Road Traffic Act 1994 (dangerous or obstructive behaviour)
- Article 8 Road Traffic Act 1994 (driving under the influence)
- Serious offence (misdrijf)
- Summons in criminal cases
For help with a dangerous driving case, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.
