The law of Minister Grapperhaus (Justice and Security), which allows higher sentences for serious traffic offenses, has been accepted by the Upper House today and will enter into force on 1 January 2020. First of all, the maximum penalty for dangerous driving goes from 2 to 6 months' imprisonment, including in cases without injury or damage. This is necessary in order to tackle motorists more firmly, which - for example through irresponsible overtaking - are a danger on the road.

In addition, there will be a prison sentence of up to two years for very dangerous driving behavior in which motorists deliberately violate the traffic rules without regard for the safety of others. This requires more than a single traffic violation. 

It is a combination of behaviors. For example, a significant exceeding of the speed limit, ignoring red lights, driving on the wrong side of the road and also holding a mobile phone, while it was very conceivable that an accident could occur. Only by chance or luck there are no casualties. Grapperhaus therefore charges these drivers very dangerous and irresponsible driving behavior - even if they do not cause an accident.

If they do cause a serious accident with this reckless driving behavior, a prison sentence of up to 6 years will soon be possible. The law establishes more clearly when reckless driving is involved. This broadens the possibilities to prosecute drivers who take unacceptable risks and cause the most serious accidents. And this is not only about speed races, but also, for example, about a driver who participates in traffic like a doll man, commits multiple traffic offenses and causes an accident with fatal outcome or serious injury.

Furthermore, the maximum sentences for traffic offenses such as driving under the influence, driving through after an accident and driving without a (valid) driving license increase from 3 months to 1 year. This is reflected in the penalties for recidivism. If someone is guilty of driving under the influence again within 5 years, the penalty can be increased by one third. In serious cases of driving after an accident, resulting in injury or worse, the police are given more investigative powers to track down the perpetrator.

A bill will soon be consulted with various measures to strengthen the approach to drunk driving.

Also read: Intended 2,7% increase for traffic fines