A traffic offence in the Netherlands can lead to two separate responses at the same time: a criminal penalty from the Public Prosecution Service (Openbaar Ministerie) or the criminal court, and an administrative measure from the CBR, the Dutch driving licence authority. The two run in parallel and one does not replace the other; only minor offences are dealt with by a simple administrative fine instead.
So a driver can be fined by the criminal court and, weeks later, be told by the CBR to follow a course or undergo a fitness-to-drive examination at their own expense, or lose the licence altogether. Knowing which track you are on determines what you can do about it and how long you have to act. Below we explain the three routes, the sanctions on each track, why both can apply to the same incident, and what to do when the letters arrive.
Which route applies to your traffic offence?
That depends on how serious the offence is. Minor offences get an administrative fine under the Mulder Act, more serious conduct is a criminal offence, and the CBR can add its own measures in either case.
Minor offences: the Mulder Act
Minor traffic offences, such as moderate speeding, ignoring a traffic sign or holding a phone while driving, are handled under the Administrative Enforcement of Traffic Regulations Act (Wet administratiefrechtelijke handhaving verkeersvoorschriften, Wahv), usually called the Mulder Act (Wet Mulder). The Central Judicial Collection Agency (CJIB) sends the fine. It is not a criminal conviction and it does not appear on your criminal record.
You can lodge an appeal with the public prosecutor (officier van justitie) within six weeks. If that fails, you can go to the sub-district court (kantonrechter), and in some cases on to the Court of Appeal in Arnhem-Leeuwarden, which handles all Mulder appeals. To appeal to the prosecutor, you must normally first pay the amount of the fine as security. If you win, you get the money back.
Serious offences: the Road Traffic Act 1994
More serious conduct is a criminal offence under the Road Traffic Act 1994 (Wegenverkeerswet 1994, WVW). The main provisions are:
- Article 5: behaviour that endangers or may hinder other road users;
- Article 6: causing an accident in which someone is killed or seriously injured through your fault;
- Article 7: leaving the scene of an accident;
- Article 8: driving under the influence of alcohol or drugs, and refusing a breath or blood test;
- Article 9: driving while disqualified or with a licence that has been declared invalid.
The CBR track alongside both
Next to either route, the CBR can take administrative measures of its own under Articles 130 to 134 of the Road Traffic Act. This is the track drivers most often fail to see coming.
What can the Public Prosecution Service and the criminal court impose?
They can impose a fine, community service, a prison sentence and, often most disruptive in practice, a driving ban (ontzegging van de rijbevoegdheid). The ban is based on Article 179 of the Road Traffic Act and can be wholly or partly suspended.
For offences under the Road Traffic Act, the prosecutor can issue a penalty order (strafbeschikking) or bring the case before the criminal court. A penalty order is a criminal sanction, even though no judge is involved. If you do not agree with it, you must lodge an objection (verzet) in time, and the case then goes to court.
For serious offences, the police can also seize your licence on the spot (invordering, Article 164 of the Road Traffic Act). The prosecutor then decides within a short period whether you get it back or whether it stays held until the case is decided.
Two rules that deserve extra attention
First, novice drivers face a much lower alcohol limit. If your car licence is your first licence, you are a novice driver for five years, and during that period the limit is 0.2 per mille instead of the usual 0.5 per mille.
Second, there is a repeat-offender scheme for driving under the influence (recidiveregeling alcohol en drugs). If you are convicted, or receive a penalty order, for a second qualifying alcohol or drug offence within five years after the first one became final, your licence becomes invalid by operation of law. For the ordinary alcohol offences, a first offence only counts if the level was at least 1.3 per mille (570 µg/l of breath); for refusing a test or causing a serious accident while under the influence, no threshold applies.
That consequence follows automatically from the second conviction. It is not a discretionary decision and it cannot be negotiated away at the hearing. To drive again, you have to hand in the licence, prove your fitness to drive and pass the theory and practical exams again.
What can the CBR impose?
The CBR can impose a course, order an examination of your fitness or driving skills, suspend your licence during that examination, or declare the licence invalid. The police start this track with a notification (mededeling) to the CBR.
When the police suspect that a driver is not fit or not competent to drive, they send a notification to the CBR. That notification is separate from the prosecutor’s decision whether to prosecute, and the CBR makes its own decision on it. Depending on the seriousness, the CBR can impose:
- an educational course on alcohol and traffic (EMA) or a lighter version (LEMA);
- an educational course on behaviour and traffic (EMG) for dangerous driving;
- an examination of your fitness to drive or your driving skills;
- a declaration that your licence is invalid.
Three features of this track catch people out. The driver pays the cost of a course or examination, and those costs are substantial. Refusing to cooperate or not showing up will generally lead to the licence being declared invalid. And the CBR can act on a notification even if the criminal case ends in an acquittal or is dropped, because the two decisions answer different questions.
Why can both tracks apply to the same incident?
Because a criminal penalty is a punishment, while a CBR measure is an administrative measure aimed at road safety. The prohibition on being tried twice for the same offence (ne bis in idem) therefore does not normally stand in the way.
The obvious objection is that you are being dealt with twice for one incident. In law, that is not what happens. The classification is not merely formal: it determines which safeguards apply, and it is why the CBR does not need a conviction before it acts.
The boundary is not unlimited, though. The clearest example is the former alcohol interlock programme (alcoholslotprogramma). On 3 March 2015 the Supreme Court (Hoge Raad) held that prosecuting a driver for drink-driving after a final order to take part in that programme for the same conduct conflicted with the principles of due process, so the prosecutor could not proceed (ECLI:NL:HR:2015:434). A day later, on 4 March 2015, the Administrative Jurisdiction Division of the Council of State set aside the rule that made the programme mandatory, because it left no room to consider disproportionate consequences in individual cases, such as costs of around €5,000 or the loss of a job (ECLI:NL:RVS:2015:622). The programme has not been used since.
What should you do when both letters arrive?
Act on each letter within its own deadline. The time limits run separately and neither waits for the other.
An objection to a CBR decision must be lodged within six weeks of the decision (Article 6:7 of the General Administrative Law Act). An appeal against a Mulder fine must also be lodged within six weeks. Waiting for the criminal case to end before responding to the CBR is the most common and most expensive mistake. By then the CBR decision has usually become final and can no longer be challenged.
Two other points are worth acting on early:
- What you say in the police interview about alcohol or drug use goes straight into the CBR notification. The interview therefore matters for both tracks at once.
- If a driving ban would be disproportionate because of your work or care responsibilities, you must put that argument to the criminal court and support it with documents, such as an employer’s statement. The court will not assume it.
Example
To illustrate (a fictional case): a delivery driver is stopped and found to be over the alcohol limit. The prosecutor offers a penalty order with a fine and a driving ban, and at the same time the CBR imposes an EMA course. The driver objects to the penalty order and explains, with a letter from the employer, that a long unconditional ban would cost him his job. Separately, he completes the EMA course within the CBR’s deadline, because not doing so would lead to the licence being declared invalid regardless of the outcome of the criminal case.
Do you need a lawyer for a traffic offence?
Not always. A first speeding fine does not need a lawyer. It does make sense when a prosecution under Article 6 or 8 of the Road Traffic Act comes together with a CBR notification, when you need your licence for work, or when the repeat-offender scheme is at stake. Then both tracks must be handled together, each within its own deadline.
In summary
- Minor offences lead to a Mulder fine from the CJIB; this is not a criminal conviction.
- Serious offences under the Road Traffic Act 1994 can lead to a fine, community service, prison and a driving ban under Article 179.
- The CBR can impose its own measures at the same time, even if the criminal case is dropped.
- A second qualifying alcohol or drug offence within five years makes your licence invalid by operation of law.
- Objections to CBR decisions and appeals against Mulder fines must be lodged within six weeks; do not wait for the criminal case.
Law & More advises and represents drivers in criminal proceedings and in CBR procedures. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our administrative law attorney page.
