The anti-social motorist – popularly and in the media also called asomobilists or “traffic jerks” – will be dealt with under criminal law as of 1 January 2015 – if they commit a serious offense. Most minor traffic offenses are dealt with through the Mulder Act. This usually concerns an administrative, anonymous, monetary settlement of the light traffic offense. Since 2015, a number of more serious traffic offenses have come under criminal law, so that “traffic jerks” and frequent offenders are given a name and face. In this way, road drivers can be individually addressed about their traffic behavior and punished more severely if the behavior gives cause to do so.
Anti-social traffic behavior 2015 – 2018
A number of violations have been transferred from “de Mulder law” to criminal law as of January 1, 2015. This concerns a number of serious violations that will be handled by the Public Prosecution Service (OM) as of 2015. This creates the possibility for the competent authority to hold the individual “traffic jerk” to account personally about his or her behavior and to impose heavier penalties, including driving bans and imprisonment.
Criminal law for traffic offenses
Before 1 January 2015, people who drove too fast or were credited with serious traffic offenses were already subject to criminal law, as well as drunk driving. Persons who committed such a serious offense could already receive a criminal record and be dealt with with severe penalties and measures. The more often an offense is committed (recidivism) the Public Prosecution Service may opt for heavier penalties.
Traffic offenses covered by criminal law 2015 – 2018
In the description of the facts, a reference is made to the article within the RVV 1990 to which the violation relates.
Traffic violations for drivers
Drivers are all road users except pedestrians
The following applies to drivers:
- Do not give way to a driver of a disabled vehicle who is crossing or is apparently about to cross a pedestrian crossing. (Article 49.2)
- Overtaking a vehicle just before or at a pedestrian crossing. (Article 12)
- Another driver who has pre-sorted the left and signals that he wants to turn left, overtake left. (Article 11.2)
- Do not give way to a pedestrian crossing or apparently about to cross a pedestrian crossing. (Article 49.2)
- Do not let a person who moves with difficulty go first. (Article 49.1)
- Do not let a blind person with a stick for the blind go first. (Article 49.1)
- As the driver of a motor vehicle, do not stop that motor vehicle on first demand. (Article 82)
- Other than as a driver of a motor vehicle that can and can drive faster than 60 kilometers per hour, use a motorway. (article 42.1)
- Turning while driving a motor vehicle on a motorway. (article 43.1)
- Reversing on a motorway as a motor vehicle driver. (article 43.1)
- As a driver of a motor vehicle on a motorway, keep it stationary on the roadway. (article 43.2)
- Other than as a driver of a motor vehicle that can and can drive faster than 50 kilometers per hour, use a motorway. (Article 42.2)
- Turning on a motorway as a motor vehicle driver. (Article 43.1)
- Reverse as a motor vehicle driver on a motorway. (article 43.1)
- As a driver of a motor vehicle on a motorway, keep it stationary on the roadway. (article 43.2)
Traffic offenses for road users
Road users are
Pedestrians, cyclists, moped riders, drivers of disabled vehicles, motor vehicles or a tram, horse riders, handlers of riding or draft animals or livestock and drivers of a stretched or unstrung car. The following applies to road users:
- Failure to follow instructions given by means of illuminated transparency on a passenger, commercial vehicle or motorcycle of the police. (article 82a, 83)
- Don’t stop for a stop sign; given by means of a red lamp. (Article 83)
- Don’t stop for a stop sign; given with an illuminated transparency affixed to a police vehicle. (article 82a, 83)
- Failure to follow the instructions set out in Annex II RVV 1990; given by an authorized and recognizable official. (ax II – directions)
- Except in an emergency as a road user on a motorway; drive over the emergency lane or refuge port. (article 43.3)
- Except in an emergency as a road user on a motorway on the emergency lane or refuge port. (article 43.3)
- Use a lane when the red cross is lit. (Article 73.b)
- Failure to act on directions given by an investigating officer regarding traffic on the road. (Article 82)