The Childcare Branch Organization (BK) is satisfied with the compensation that users of the stint should receive for not being allowed to use the electric handcart. The Council of State (RvS) ruled on Wednesday morning that the cabinet must compensate damage caused, among other things, to childcare when the stint was taken off the road. The trade association wants to meet with the minister as soon as possible to ensure a proper settlement. “After three years, we would like to put an end to this,” responds director Emmeline Bijlsma.
She said earlier this week in Nieuwsuur that 170 daycare centers had already suffered 100.000 euros each, partly because they had to arrange other transport. “The Council of State is making a rather insistent appeal to the minister to quickly reach an amicable settlement with us. We endorse this call,” says Bijlsma.
The director says it is a shame that compensation only applies to 'light' stints, with an 800-watt electric motor. Also for others stints that ruling should have been valid, the organization believes. The RvS has called on the minister to work with the users of the heavier stints to discuss compensation. “And that in turn is a profit,” says Bijlsma.
The cabinet decided the stint off the road after a fatal accident with the electric handcart in Oss in 2018, which killed four children. Due to the urgency behind it due to safety risks, there was no time to wait for the procedure for compensation, according to then Minister Cora van Nieuwenhuizen (Infrastructure). In addition to users, the manufacturer must in any case also receive partial compensation, according to the highest administrative court.
users heavy stint
The Ministry of Infrastructure and Water Management (IenW) promises to enter into discussions with the users of the heavy stints about compensation. The ministry announced this in response to a decision by the Council of State calling for this. Compensation will be paid for the producer and the buyers of the light variant of the handcart. This was required by the administrative court.
The Council of State has examined whether the producer and users of the bollard carts are entitled to compensation because they were taken off the road despite previous approval. This happened after the accident in Oss in 2018 in which four young children died and two others were seriously injured. Because the light version of the cart with 800 watts of power should never have been approved, the producer and users are entitled to compensation.
The ministry says in a response to the ruling that the light stint mistakes have indeed been made, and that they have been acknowledged. “The minister has apologized for that.” The department says it is "deeply" aware that the decision to subsequently remove the vehicles from the road "has major consequences, both practical and financial".
A spokesperson does emphasize in a written response that the heavier model (1200 watts) has never been assessed. “IenW is of the opinion that separate permission should have been requested for the use of this version. The Council of State confirms that.”
The judge said that the users could hardly have known that permission had never been granted, and that the government was not clear about this either. The damage they suffered is "at least partly due to the actions of the minister", according to the judge.
Also read: Van Nieuwenhuizen appealed in claim settlement stint