ABOUT THE FINES IN THE NETHERLANDS
Under Dutch law, there are several types of fines, each coded by a distinct letter on the fine notice/letter.
M: Fine for a minor traffic offence, indicating a minor violation of road safety rules.
O: Notification of an offence, together with a response form. This indicates a more serious violation of traffic rules.
Z: Administrative fine, such as if someone lives or works in the Netherlands without health insurance.
X: Request for response, usually to determine who was driving a vehicle at the time of a traffic violation.
The CJIB, or Central Judicial Collection Agency, is an entity of the Ministry of Justice and Security in the Netherlands. It is responsible for collecting various types of fines, including traffic fines and punitive orders.
The CJIB also plays a crucial role in the enforcement of criminal decisions, such as the execution of court decisions or prosecutors’ decisions. Within the framework of EU cooperation, the CJIB collaborates with the central authorities of other EU member states for the exchange of information on fines and criminal decisions. This ensures the cross-border application of sanctions. For example, in the case of a Romanian citizen, on vacation, who exceeds the legal speed limit while driving his car on the Dutch highway and is photographed by a radar, he will receive the fine at his home address in Romania, in Romanian .
Our law firm offers legal services to navigate the complexities of fines. We assist you in the thorough analysis of the documentation received from the authorities and guide you in the development of appeals, ensuring legal representation throughout the fines appeal process. In addition, we are with you to make requests for the payment of fines in installments, offering solutions adapted to your specific situation, when the payment of the fine becomes necessary.
In the following I will briefly present information regarding the categories of fines regulated by Dutch law, with an emphasis on three of the most common fines:
1. Administrative Fine for Lack of Health Insurance in the Netherlands
According to Dutch law, all those who live or work in the Netherlands are required to have health insurance.
Failure to comply with this obligation incurs a fine of €472.25 for the year 2023. If you are resident or working in the Netherlands without health insurance, it is vital that you purchase one as soon as possible to avoid additional fines.
Receiving Letters Abroad
If you previously lived, worked or studied in the Netherlands and are now living abroad, you may receive notices that you have not fulfilled your obligation to have health insurance for that period. This can lead to you being fined.
Objections to Fines
If you believe that the fine is not justified, you have the right to appeal the decision by writing to the CAK within 6 weeks of receiving the notification. Your letter should include your personal details, the reasons for the appeal, your contact details and a copy of the fine notice.
The mailing address is CAK, Onverzekerden, Antwoordnummer 91034, 2509 VC The Hague, The Netherlands. It is important to know that submitting an objection does not suspend the payment of the fine, but in case of a favorable decision, the amount paid will be returned to you.
2. Traffic fines
Appealing Traffic Fines in the Netherlands
If you have received a traffic fine and you do not agree with it, you have the right to appeal. No fine is required to be paid during the appeal process. In the Netherlands, the owner of the vehicle is responsible for paying the fine, regardless of who was driving at the time of the offence. As the owner you can ask the driver to pay the fine, but if he ultimately refuses you are obliged to pay the fine. The fact that you, as the owner, were not behind the wheel at the time of the offense is not a valid reason to challenge the fine. However, you may authorize the driver to file an appeal if there are grounds for the appeal.
To appeal, send a letter to the Public Ministry, at Parket CVOM, Afdeling Mulder, with your personal details, the reason for the appeal and your IBAN. Include a copy of the fine notice and, if you paid the fine, a copy of the police report. This letter must be sent within 6 weeks of receiving the fine.
After the appeal, you will be notified by the Digital Assistance Office of the Central Processing Unit of the Public Ministry (Parket CVOM) about the confirmation of receipt of your appeal. A final decision will be communicated to you within approximately four months.
Appealing Prosecutor’s Decisions and Appeal Procedure
If you do not agree with the prosecutor’s decision regarding a traffic fine, you have the right to appeal his decision. Before filing the appeal with the Cantonal Court, it is necessary to pay the “security payment” of the fine. This includes paying the fine and administrative costs. In the case of a fine that exceeds 225 euros, for example, you must pay at least 225 euros, as well as the administrative costs to the Central Fine Collection Agency (CJIB).
The deadline for sending the letter is six weeks from the date of the prosecutor’s decision.
First, the prosecutor will reconsider the appeal, but if the decision remains that the fine is justified, the appeal will be sent to the Cantonal Court. Afterwards, you will be invited to a hearing at the Cantonal Court, where you will have the opportunity to present your reasons for the appeal. The Court usually decides during the hearing, but you will receive the court decision by mail. Attendance at the trial is not mandatory, in case of absence the Court will decide based on the documents in the file.
The appeal may be rejected or admitted in whole or in part. Thus, depending on the final decision of the Court, you can receive back a part of the fine paid or the entire amount paid as a fine.
If you are not satisfied with the decision of the Cantonal Court, you can file a new appeal, which will be heard at the Court of Appeal in Leeuwarden, following the same steps as in the case of the original appeal.
3. The punitive order
In the situation where the committed act is considered a crime – more serious violation of traffic rules you will receive a letter with the letter O. And this fine can be appealed. If you use this way then you don’t pay the fine anymore. The appeal is formulated within 2 weeks. You personally or through a lawyer can send the appeal to the prosecutor’s office. Afterwards, you will receive an answer from the prosecutor whether or not he will send the case to the judge. Among the proposed solutions, the prosecutor can ask the judge to apply a different punishment than the one provided in the punitive order. Also, the prosecutor himself can modify the punitive order.