When a punishable offence has been committed, the accused person can be offered a proposal for the out-of-court settlement of a fixed penalty (transactievoorstel) via the CJIB (Dutch Central Fine Collection Agency) by the Public Prosecution Service (OM), the police, the Dutch Road Transport Directorate (RDW) and other investigative agencies.
Financial settlement to avoid further criminal proceedings
An out-of-court settlement is a financial settlement intended to avoid further criminal proceedings (via the courts). An out-of-court settlement can, for example, be offered for minor punishable offences such as alcohol-related offences, failure to identify oneself, serious speed violations or environmental violations. The CJIB is responsible for the collection of such out-of-court settlements.
When an accused person is offered an out-of-court settlement by the Public Prosecution Service, the police, the Dutch Road Transport Directorate (RDW) or another investigative agency, the CJIB sends the accused person a proposal for the out-of-court settlement of a fixed penalty together with a giro payment slip. This letter sets out the details of the violation (which violation, where and when it took place, established by whom, etc.).
If the violation is established on the basis of the vehicle registration number, the CJIB sends a reply form along with the proposal for an out-of-court settlement. By paying the fixed penalty, the accused avoids having to appear in Court. When the amount of the fixed penalty is paid in full and in time, the case is considered settled.
Formal objection not possible
A proposal for an out-of-court settlement is not an imposed sanction, but a proposal for payment of a fixed penalty in order to avoid criminal proceedings in the Courts. It is not possible to make a formal objection or to lodge an appeal against the proposal for an out-of-court settlement. By choosing not to pay, you make clear that you do not agree with the proposal. In that case, at the end of the period allowed for payment, the case will be submitted to the public prosecutor for further judgment. Eventually there is the possibility that the Court will take a decision on the case.
Once a case has been transferred to the Public Prosecution Service, the CJIB can no longer answer any questions about it. For this purpose you should get in touch with the public prosecutor's office in the district that is dealing with the case.
Notification
The CJIB sends a notification if the established offence does not qualify for a proposal for the out-of-court settlement of a fixed penalty or if the accused has previously committed a similar offence within a certain period of time (repeat offender). In such cases the accused does not qualify for a proposal for an out-of-court settlement. The purpose of the CJIB's notification is then only to inform the accused that a punishable offence has been established and that the case is being transferred to the public prosecutor for further processing.
If the violation is established by a speed camera on the basis of the vehicle registration number, the CJIB sends a reply form along with the notification.
The form can be used by the accused in the following cases:
- The owner or keeper of the vehicle does not consider himself responsible for the established violation, because he was not the driver of the vehicle at the time of the violation. By means of the reply form, the accused person can notify the CJIB in writing of the name and full address of the driver of the vehicle; this must be done within fourteen days.
- The vehicle had been sold before the date of the violation. The accused person can use the reply form to notify the CJIB of the name and full address of the new owner. If the vehicle has been sold, valid proof of transfer of ownership (vrijwaringsbewijs) must be produced.
See T-fines for traffic offences in built-up areas.
See T-fines for traffic offences outside built-up areas.
See T-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.