An objection is lodged against about 4% of the traffic fines imposed. In many cases this therefore concerns professions of leasing companies and rental companies. If an appeal is lodged against a fine, the fine does not have to be paid in the first instance. Of all fines that are not appealed and the traffic fines that are not destroyed after an appeal and therefore still have to be paid, approximately 85% will be paid within the set term.

In a response from the Minister of Justice and Security Ferd Grapperhaus to the questions posed by Member of Parliament Remco Dijkstra (VVD), he said that if a decision is rightly imposed, a person concerned will not quickly appeal. The decision clearly explains how proof of the fine can be requested digitally, so that it is easy to check whether the boete has been rightly imposed. This contributes to the acceptance of the fine imposed.

In response to an article published earlier, Dijkstra asked the Minister whether it is true that 107.300 wrongful traffic fines were on the mat. In 2018, the public prosecutor's decision was appealed in 430.365 cases. A large proportion of the appeals submitted to the public prosecutor concern professions of a leasing company or rental company.

Many professions have been declared well-founded

Many of these professions have been declared well-founded, because it is not the lease company or rental company that has to pay the decision received, but the driver in question. The fines, in accordance with vehicle registration liability, were correctly imposed, but were intended for another person. The fine is then registered in the driver's name after proof of a (short-term) lease. Initially, the Public Prosecution Service (Public Prosecution Service) thought that this involved 100.064 professions in 2018. Of the 107.300 appeals referred to above, which were therefore well-founded, in the end 46.326 cases were granted on substantive grounds.

It therefore concerns a total of about 11% of all professions. In addition, 179.828 appeals were declared unfounded, 26.077 were declared inadmissible, 5.650 were declared partially well-founded (the fine will not be destroyed but will be changed), and no decision has yet been taken in 11.446 cases.

It is not difficult to appeal

Anyone who disagrees with traffic fines can appeal against this. The decision clearly explains what the data subject can do if he or she disagrees with the fine. If the person concerned does not agree with a decision, he or she can appeal to the public prosecutor. This can be done via a digital counter or in writing.

Appeals are not complicated and clear language is used throughout the procedure. This makes the appeal procedure as accessible as possible. An appeal to the subdistrict court is available against the decision of the public prosecutor. If the person concerned does not agree with the decision of the subdistrict court, there is the possibility of an appeal to the Arnhem-Leeuwarden Court of Appeal.

Also read: More than 30% ignore a fine for overnight stays in trucks

Ferdinand Grapperhaus
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