When a traffic violation is established that is a punishable offence, the Court can impose a fine in its judgment. The Minister of Justice has delegated the responsibility for the collection of such penalties to the CJIB - Dutch Central Fine Collection Agency. In doing so, the CJIB deals with two types of judgment: non-irrevocable and irrevocable penalty judgments. The convicted person can appeal against a non-irrevocable penalty judgment. Appeal is no longer possible in the case of an irrevocable penalty judgment.
Non-irrevocable penalty judgement
When a person is sentenced by the Court to pay one or more fines as a result of committing a punishable offence, the convicted person receives a notice from the CJIB. This notice sets out the details of the decision (sentenced by which Court, when, for which punishable offence and the amount of the imposed fine). It is the first letter that the CJIB sends, and it is accompanied by a giro payment slip.
An appeal can be lodged against the ruling of a non-irrevocable judgment. More information on the procedure to be followed can be obtained from the clerk of the Court that made the ruling. This is indicated on the notice you have received. When an appeal is lodged, the case is handled anew by a higher Court. Payment of the non-irrevocable judgment can be postponed, pending the decision on the appeal. The further progress of the case depends on the ruling of the court. If no appeal is lodged, the sentence becomes irrevocable after fourteen days. The fourteen days start from the moment that the ruling is made known to the convicted person.
If there is no response to the notice on the non-irrevocable penalty judgment, the public prosecutor will issue an arrest warrant in order to inform the convicted person of the judgment. This does not mean that the convicted person will be given a prison sentence. The police use the arrest warrant to ensure that the judgment is known. This procedure is only applicable to residents of the Netherlandswhose address is known. Otherwise the case is entered in the police registration system (Opsporingsregister, OPS).
If no residence or place of abode in the Netherlands is known for the convicted person, the case is entered in the police registration system (Opsporingsregister). This means that the convicted person and the imposed punishment are recorded in the national register. Various investigative agencies are authorized to consult this register; this can happen, for example, when a person is stopped or passes through customs at Schiphol Airport. A person entered in the police registration system can be apprehended on the spot, after which the substance of the judgment can be made known.
Irrevocable penalty judgement
When a person is sentenced by the Court to the payment of one or more fines as a result of committing a punishable offence and the judgment is irrevocable, the convicted person will receive a notice from the CJIB. This notice sets out details of the decision (sentenced by which Court, when, for which punishable offence and the amount of the imposed fine).
Once an irrevocable penalty judgment has been issued, no appeal against the ruling is possible. When payment of the fine is not made in full and in good time, the CJIB will send a maximum of two reminders. The CJIB sends a first reminder in any of the following situations:
- the fine has not been paid;
- the fine has not been paid in full;
- the fine has not been paid in time;
- one or more instalments have not been paid;
- one or more instalments have not been paid in full;
- one or more instalments have not been paid in time.
The amount still owed is increased by 15 euros, in accordance with the law.
The CJIB sends a second reminder in any one of the following situations:
- the first reminder has not been paid;
- the first reminder has not been paid in full;
- the first reminder has not been paid in time.
The amount owed is increased by 20 per cent in accordance with the law (on top of the value of the fine), with a minimum of 30 euros.
If the convicted person fails to abide by the payment arrangement, the arrangement ceases and the convicted person receives a notice for the residual amount of the irrevocable penalty judgment. The total amount still owed must have been credited to the account of the CJIB by the due date. The due date is shown in the top right corner of the notice and on the attached giro payment slip.
In order to ensure that your payment is received on time, the CJIB recommends that you should bear in mind the processing time at the bank. Payment in instalments is not permitted. Please quote the strabis number on any payment to ensure smooth and correct processing. This number is given on the giro payment slip and in the top right corner of the notice.
If, despite the reminders, the fine and the increments are not paid in full, the public prosecutor can issue a writ of execution. On the basis of the writ of execution the amount owed can be recovered against all goods, income or assets owned by the person concerned. The CJIB makes use of a process server for this purpose. All costs associated with his services must also be paid by the convicted person. This procedure is only applicable to residents of the Netherlandswhose address is known.
If the convicted person does not agree with the enforcement of the writ of execution, he can submit a notice of objection to the clerk of the Court where the ruling was made. A notice of objection is a letter in which the convicted person explains why he does not agree with the ruling. Instructions on how to proceed can be found on the reverse of the writ of execution.
If despite all warnings and notices a fine and the increments are not paid in full, the public prosecutor will issue a warrant of arrest. This warrant instructs the police to arrest the convicted person. At that moment the fine can still be paid. If it is not, the convicted person will be imprisoned as an alternative punishment. The number of days of detention is indicated in the ruling and in the arrest warrant.
The alternative imprisonment can be avoided or ended by paying the amount of the fine or the outstanding amount. This procedure is only applicable to residents of the Netherlandswhose address is known. Otherwise the case is entered in the police registration system (OPS).
If no residence or place of abode in the Netherlands is known for the convicted person, the case is submitted for inclusion in the police registration system (Opsporingsregister, OPS). This means that the convicted person and the imposed punishment are recorded in the national register.Various investigative agencies are authorized to consult this register; this can happen, for example, when a person is stopped or passes through customs at Schiphol Airport. At that moment the fine can still be paid. If it is not, however, the convicted person will be imprisoned as an alternative punishment. The number of days of detention is indicated in the ruling.
See S-fines for traffic offences in built-up areas.
See S-fines for traffic offences outside built-up areas.
See S-fines for traffic offences on motorways.
The data above is based on information by the Dutch Central Fine Collection Agency (CJIB). No rights can be derived from this publication.
This page on fines for speeding offences in The Netherlands is about Dutch traffic penalties, speeding, offences, built-up area, motorways, foreign enforcement, drivers license, over limit.