Which are the sanction types for traffic violations?

In the Netherlands, there are three kinds of sanctions for traffic violations: administrative sanctions imposed by the Central Fine Collection Agency CJIB, punitive sanctions, and administrative sanctions imposed by the Driving Test Organisation CBR. Sometimes, a combination of sanctions is applied, particularly concerning alcohol violations. CJIB publishes an annual Collection of crimes, offences and minor misdemeanors, which contains guidelines for financial sanctions, administrative sanction offences and traffic violations [14]. In addition, the Penal Code contains special penalties for serious traffic crimes carrying a conviction for murder or manslaughter, (aggravated) assault, or attempts at manslaughter or aggravated assault [15].

Administrative CIJB sanctions

The Administrative Traffic Enforcement Act (Dutch abbreviation: WAHV) imposes standard fines for minor traffic violations, such as illegal parking or minor speeding offences. The WAHV is also known as the ‘Mulder Act’ and the fines as ‘Mulder fines’. If the traffic violation has been detected by camera, the vehicle owner is identified by licence plate and is sent a fine. The owner is not always identical to the driver committing the violation. In case of a police stop, however, the offenders themselves will incur the fine. The Central Fine Collection Agency CJIB, an executive agency of the Ministry of Justice and Security, processes the WAHV violations. If a traffic violation is not covered by the WAHV, the public prosecutor decides whether the offender will receive a punitive order or a settlement proposal, or whether the offender will be summoned to court.

Punitive sanctions

Punitive sanctions are imposed in case of serious traffic violations as dictated by the 1994 Road Traffic Act. Violations include drink driving, ignoring a driving ban and leaving the scene of a crash. The Public Prosecution Service or the court imposes punitive sanctions. Sanctions may comprise fines, driving licence suspension, community service, or a combination of these three.

Administrative CBR sanctions

If road users engage in drink or drug driving or in dangerous driving, police may report this to the Driving
Test Organisation CBR. CBR may then evaluate the offender’s fitness to drive (the so-called disqualification procedure) or oblige the offender to take a course (e.g. Light Educational Measure Alcohol – LEMA, or Educational Measure Alcohol  – EMA; also see the question What are rehabilitation courses and how effective are they? ). Up until 2015, CBR was allowed to impose an alcohol lock; also see SWOV fact sheet Driving under the influence of alcohol. Road users are obliged to comply with administrative CBR sanctions to be able to keep their driving licences.

Combination of sanctions/measures

In the Netherlands, different types of sanctions may be imposed simultaneously. If a road user is apprehended for a second instance of drink driving, he may be faced with three parallel procedures:

1. Criminal court proceedings.
2. Evaluation of fitness to drive. With a substantial alcohol level or a three-time apprehension, Driving
   Test Organisation CBR may decide to evaluate the offender’s fitness to drive on account of alcohol use.
3. Alcohol recidivism regulation. When a motor vehicle driver is convicted of drink driving twice within five years, with the second instance measuring a 1.3 promille minimum, the offender’s driving licence will be revoked.

Also see the archived SWOV fact sheet Penalties in traffic.