The Minister of Justice and Security, Ferd Grapperhaus, has not opted for a progressive penalty system in the Traffic Regulations Administrative Enforcement Act (Wahv). Instead, the Minister wants to find alternatives for adjusting the penalty system that do justice to the starting point in the Coalition Agreement, while also preserving the effectiveness and efficiency of the Wahv.
Grapperhaus has asked the Public Prosecution Service to advise him on this. The Public Prosecution Service will issue its advice in the first quarter of 2020. Because driving under the influence of alcohol poses a danger to road safety, both the Minister of Infrastructure and Water Management and Ferd Grapperhaus consider it important that people who are under the influence of alcohol participate in traffic and that those who do so are treated hard.
In addition to the legislative proposals that the permanent committee of Infrastructure and Water Management has specifically asked for, the Minister also refers to serious traffic offenses under the Tightening of Criminal Liability Act. This law entered into force on January 1, 2020. This law removes, among other things, the large difference in the maximum penalty for (very) dangerous driving behavior without and with consequences. This is achieved by increasing the maximum penalty for dangerous driving behavior that has had no consequences and introducing a new criminalization for very dangerous driving behavior that has had no consequences.
Furthermore, the law clarifies what the guilt can be in the form of recklessness in the event of death or injury through guilt. The maximum penalty will also be increased for drunk driving, driving after an accident and driving without a (valid) driving license.
Also read: Higher sentence for serious traffic offenses from 2020
