Traffic and criminal law in the Netherlands are closely linked, with both the Criminal Code and the Road Traffic Act (WVW) playing a role in maintaining traffic safety and punishing traffic offenses and crimes. Our lawyers have extensive experience in traffic cases, especially traffic accidents with serious or fatal consequences.
What articles of law are relevant in traffic accidents?
There are a number of articles of law that are important when it comes to traffic accidents. You can click below on what you want to read more about.
- Article 5 WVW:
- this article relates to causing danger or nuisance on the road.
- this article relates to causing danger or nuisance on the road.
- Article 5a WVW:
- this article refers to the serious violation of traffic rules that results in danger to life or serious bodily harm to another person.
- this article refers to the serious violation of traffic rules that results in danger to life or serious bodily harm to another person.
- Article 6 WVW:
- this article refers to a traffic accident involving death or injury at fault.
- this article refers to a traffic accident involving death or injury at fault.
- Article 287 WVW:
- this article relates to manslaughter in traffic.
- this article relates to manslaughter in traffic.
The following discusses the different variants.
Need lawyer 'cause danger or nuisance on the road' (Article 5 WVW)?
What does article 5 of the WVW refer to?
Article 5 of the Road Traffic Act (WVW) 1994, also known as the "endangerment" provision, addresses conduct that causes or may cause danger or hindrance on the road. This article includes four main lines of offenses, each covering different aspects of danger and hindrance in traffic:
- Behavior causing danger on the road: This refers to actions that may pose an immediate threat to road safety. Examples include reckless driving, such as very high speed or ignoring traffic signs, creating a real possibility of an accident.
- Behavior that may cause danger: This description covers situations in which a road user's behavior poses a potential risk to road safety, even if the actual danger has not yet been realized. Examples include driving with an improperly adjusted load that may cause the vehicle to become unstable.
- Conduct that interferes with road traffic: This refers to situations where a person acts in such a way as to impede traffic, such as improperly parking on a road that does not provide adequate space for other traffic as a result.
- Behavior that may interfere with traffic: This refers to behaviors that could potentially impede traffic, even if not yet immediately noticeable. Example could be a poorly maintained vehicle that could potentially cause breakdowns that could affect traffic flow.
What penalties are imposed for violation of Article 5 WVW?
The violation of Article 5 WVW 1994 is punishable by imprisonment of up to six months and/or a fine of the third category, and may also result in a disqualification from driving for up to two years. For repeat offenses, this disqualification may be extended to four years. Instead of criminal prosecution, the Public Prosecutor's Office (OM) can also opt for a punitive settlement or transaction, whereby an administrative fine can be imposed through the Administrative Enforcement of Traffic Regulations Act (WAHV).
What is an example of Article 5 WVW?
A concrete example of a situation that may fall under Article 5 WVW 1994 is as follows:
Suppose a driver parks his car on a narrow, busy street without a permit, with the car partially parked on the road. This severely obstructs the passage of other vehicles, and larger vehicles such as trucks and buses cannot pass. This can lead to traffic congestion and other drivers have to detour or pass slowly, posing risks of possible collisions or creating dangerous situations, especially if traffic tries to maneuver around the obstruction. In this case, the driver would be guilty of endangerment within the meaning of Article 5 WVW 1994, because his improper parking act directly or indirectly caused or may cause danger or hindrance on the road.
Article 5 WVW 1994 thus protects road safety by providing penalties for conduct that may seriously affect traffic. This is a broadly formulated provision that can punish both concrete dangerous situations and potentially dangerous behaviors, depending on severity and circumstances. By doing so, the legislator intends to avoid that minor offenses or occasional nuisances automatically lead to legal consequences; only evident forms of danger and nuisance are eligible for criminal prosecution.
Suspect of article 5 WVW?
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
Need lawyer 'cause danger to life on road' (Article 5a WVW)?
What does article 5a WVW refer to?
Article 5a of the 1994 Road Traffic Act (WVW) addresses serious endangerment in traffic, a crime that criminalizes intentional serious violation of traffic rules without immediate consequences. The article, which entered into force on January 1, 2020, provides penalties for road users who seriously violate traffic rules, resulting in a significant risk of danger to life or serious physical injury to others. This article of the law provides a legal framework for situations where road safety is seriously impaired by the actions of a road user.
What is required for a proof of Article 5a WVW?
Offense Description and Qualification.
Article 5a WVW states that traffic participants who intentionally commit traffic rule violations to a serious degree, whereby danger to life or serious bodily harm is to be expected, are punishable. This concerns conduct that seriously violates traffic rules and creates a significant risk to other road users. This serious endangerment qualifies as a misdemeanor and can lead to imprisonment for up to two years and/or a fourth category fine. For repeat offenses, driving privileges can be denied for up to ten years.
Intent and Serious Violation
The required intent in Article 5a WVW concerns both intent to violate traffic rules and the serious nature of that violation. This means that the defendant intentionally violated traffic rules to a serious extent, such as by repeatedly driving through a red light or continuously driving at high speed. This intent need not be aimed at causing danger, but only at the seriousness of the violation of the rules.
Behaviors and Risks.
The law identifies specific behaviors that can be considered seriously dangerous, such as:
- Repeatedly running a red light.
- Continuous high-speed driving.
- Citing dangerous driving conditions, such as driving with a mobile electronic device.
The article allows room for enforcement practice to classify other behaviors as seriously dangerous if they pose a similar risk to road safety.
What is an example of Article 5a WVW?
Imagine Lisa, an experienced driver, driving on a busy urban highway during a rainy evening. Despite the wet conditions and the visibility of a red cross above the lane, she decides to continue driving at 140 mph on a road where the speed limit is 80 mph. Lisa ignores several warning signs and even drives on the emergency lane to pass quickly. Her behavior creates a significant risk for other road users, who must suddenly react to her dangerous driving style.
What penalties are imposed for violation of article 5a WVW?
For serious endangerment based on article 5a WVW, the court can impose a prison sentence of up to two years, a fine of the fourth category, and disqualification from driving for up to five years (or ten years in the case of recidivism). Out-of-court settlements, such as a criminal summons, are also possible, but given the severity of the offense, a summons is often chosen. For novice drivers, a penalty point can be imposed, which can lead to an assessment of driving ability by the CBR.
Link to Recklessness
When serious endangerment as described in article 5a WVW also leads to actual damage, such as the death or serious injury of another person, this can be qualified as recklessness according to article 175 WVW. In such cases there is the highest form of culpability, which can lead to even heavier penalties.
In summary, article 5a WVW is an important instrument for punishing serious dangerous behavior in traffic and ensuring road safety. It provides a legal framework to punish intentional and serious violations of traffic rules that pose a significant risk to others.
Suspect of article 5 WVW?
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
Need lawyer 'traffic accident fatal or serious injury' (Article 6 WVW)?
What does article 6 of the WVW refer to?
Article 6 of the 1994 Road Traffic Act (WVW) deals with the criminality of causing traffic accidents through fault. This article, which came into force on January 1, 1995, states that it is prohibited for any road user to behave in such a way that a traffic accident occurs through his fault, resulting in death or serious bodily injury to others, or injury leading to temporary illness or disruption of normal activities.
Article 6 WVW specifically prohibits causing traffic accidents in which other people are killed or seriously injured through the fault of the accused. This may include injuries that involve temporary illness or disruption of daily activities. These are therefore serious traffic accidents that directly affect the health of others.
What are the requirements for Article 6 WVW?
Debt
A core aspect of Article 6 of the WVW is the concept of guilt. In legal terms, fault in this article means a significant degree of culpable carelessness. This implies that the accused had a careless or inattentive attitude that contributed to the accident. It is not just a single traffic violation, but a set of behaviors and circumstances that together lead to fault. For example, if someone is inattentive due to alcohol consumption, this may lead to fault if the accident has more serious consequences. Guilt is assessed based on the defendant's conduct in relation to the accident, not just its consequences.
Recklessness
Recklessness is the most serious form of culpability and is also classified under Article 6 of the WVW. It implies that the defendant knowingly took risks that could have serious consequences. Recklessness, as stipulated in Article 175 paragraph 2 WVW, requires proof that the defendant was aware of the unacceptable risks and took them anyway. Reckless conduct can result in harsher penalties than ordinary culpability because the defendant's conduct was particularly dangerous and irresponsible.
Application to Traffic participants
Article 6 WVW addresses not only drivers of motor vehicles, but all road users, including cyclists, pedestrians and passengers. This means that they too may be liable for traffic accidents they cause through fault.
Injury and Causality
Article 6 WVW distinguishes between different types of injuries:
- Serious bodily injury: Injuries that are significant and can have long-term consequences.
- Temporary illness or prevention of normal activities: Injury that causes temporary illness or problems in daily life, but is not long-term.
In adjudication, there must be dual causation. This means that there must be a direct connection between the defendant's conduct and the accident, and then between the accident and the victim's injury or death.
What penalty can be imposed for article 6 WVW?
Violation of section 6 of the WVW is a misdemeanor. Penalties may vary depending on the circumstances. In fatal traffic accidents, a maximum prison sentence of three years can be imposed. In cases of serious bodily injury, the maximum penalty is one and a half years. For reckless driving, the penalties can be up to six years in prison for fatal injury and three years for bodily injury. Aggravating circumstances, such as driving under the influence or driving extremely fast, can increase the penalty.
What is an example of Article 6 WVW?
Suppose Emma is driving on a busy evening at 140 km/h on a road where 80 km/h is allowed. Due to rain, the road is slippery, but Emma ignores this and does not consider the conditions. She loses control of her vehicle and causes a chain collision involving two other vehicles. One of the occupants, Tom, is seriously injured and has to undergo several surgeries. His recovery takes months and he is temporarily unable to work.
In this situation, Emma can be sued under Section 6 of the WVW. Her reckless driving, by speeding and ignoring weather conditions, led to the accident and Tom's serious injuries. The judge will assess whether Emma's conduct was reckless and whether she was at fault for Tom's serious injuries. If recklessness is found, Emma's penalty could be significantly higher, which could result in a longer jail sentence and a disqualification from driving.
Suspicious of article 6 WVW?
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
Lawyer 'manslaughter in traffic' needed (article 287 Sr)?
What is manslaughter in traffic?
Vehicular manslaughter is not common and the legal bar is high. Article 287 Sr requires that the defendant acted intentionally to deprive another of life. This intent can easily be proven if a person acts knowingly and with intent to kill another, as in the case of murder with a weapon. In traffic situations, however, the assessment of intent is more complex because it often involves indirect and possibly less obvious situations of intent.
Conditional intent is a lower threshold than direct intent and is sufficient for a conviction. Conditional intent means that the defendant is aware of a substantial probability that his or her actions could lead to the death of another, but nevertheless accepts this probability. Thus, intent must be inferred from the defendant's circumstances and driving record.
In traffic, manslaughter can occur when a driver intentionally takes the life of another. This is the most serious form of traffic offence because it involves acting with the intent to kill or accepting a substantial risk of death. This contrasts with Article 6 WVW, which deals with death by fault and therefore not intent.
Key verdicts on manslaughter in traffic
A well-known example of manslaughter in traffic involves the so-called Porsche ruling. In this case, the defendant drove at high speeds, ignored red lights, and made dangerous overtaking maneuvers. Despite the fact that the defendant sometimes adjusted his driving behavior to avoid accidents, the Supreme Court recognized that not all elements of intent were proven. The Supreme Court found that the defendant had not intentionally accepted the risk of death because he did moderate his driving behavior in dangerous situations.
In contrast, the ghost driver arrest illustrates a case of conditional intent. The defendant intentionally drove against direction on a highway and changed lanes dangerously, creating a significant likelihood of fatalities. The Supreme Court held that the defendant had knowingly accepted the likelihood of fatal accidents, leading to a manslaughter conviction.
What penalties can be imposed for manslaughter in traffic?
The crime of manslaughter, including in traffic cases, is punishable by a maximum prison term of 25 years. The seriousness of the crime often causes suspects to remain in pre-trial detention for long periods of time. In addition, for manslaughter in traffic cases, community service is excluded, which means that an unconditional prison sentence is mandatory, even if it may be short.
An additional penalty may be the disqualification from driving, up to a maximum of 10 years. This measure is often imposed both to ensure road safety and to punish the defendant's behavior.
What is an example of manslaughter in traffic?
Imagine Mark, a driver, deliberately driving through a red traffic light at 120 mph on a busy Saturday afternoon while seeing a child and his mother crossing the street. Mark drives straight at them and is unable to brake in time, leading to a fatal collision that kills the child.
If it appears that Mark intentionally ignored the red light and accepted the substantial likelihood that he would cause a fatal collision, he can be charged with manslaughter under section 287 Sr. In this case, intent is inferred from the fact that Mark knowingly accepted the substantial likelihood of a fatal accident by driving at high speed through a red light while seeing a group of pedestrians crossing.
Suspected of manslaughter in traffic?
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
Read here more on manslaughter.
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