Does the Netherlands use progressive penalty systems?

Answer

Yes, the Netherlands uses several progressive penalty systems:

  • Demerit points licence for novice licence holders [6]
  • Demerit points licence for alcohol offenders [7]
  • Recidivism scheme for multiple offenders [8]
  • Recidivism schemes for various offences: speeding, insufficient headway, driving without a licence, maximum construction speed moped, driving against the traffic [8].

If traffic violations that are included in the demerit points systems are committed and recorded twice within a five year period, this automatically results in the driver’s licence being declared invalid (demerit points licence for alcohol offenders) or to suspension of the licence in combination with a mandatory driving test (demerit points system for novice drivers). It must be noted that the offender can apply for a new driving test immediately after the measure has been applied to once more obtain a valid licence.

The recidivism schemes mentioned above usually lead to a suspension of the licence, in combination with a fine or other sanction. The recidivism scheme for multiple traffic offenders differs from other recidivism schemes in two respects [8]:

  1. The multiple offenders scheme focuses not so much on a specific kind of traffic violation but on different types of traffic offences all of a similar, potentially dangerous or impeding nature. This scheme brings together these facts; the relation between which together provides a picture of the driver’s traffic behaviour.
  2. In the other recidivism scheme it is customary that one prior offence with irrevocable settlement leads to the transfer of the second case to the Public Prosecution Service for settlement. In the multiple offenders system, three prior irrevocable violations must have been committed after which the fourth offence, provided it meets the criteria, is handed over to the Public Prosecution Service. The Public Prosecution Service may then decide on a more severe penalty.
Part of fact sheet

Progressive penalty systems in traffic

A progressive penalty system encompasses heavier or more far-reaching sanctions being imposed as one commits more offences.

Would you like to cite this fact sheet?