Vehicle Registration Error — Traffic Fines Rights

It's frustrating when you receive traffic fines for a car that hasn't been yours for ages. This situation occurs more often than you'd think and usually relates to administrative errors in vehicle registration (kentekenregistratie) with the RDW (Dutch Vehicle Licensing Agency). Fortunately, as someone wrongfully fined, you have various rights and options under Dutch law to challenge these fines.

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What's happening?

When you sell or trade in a car in the Netherlands, the new owner must register themselves as the licence holder (kentekenhouder) with the RDW within a specific timeframe. If this doesn't happen, you remain in the system as the vehicle's owner. This means you automatically receive all traffic fines issued for that registration number. This problem often arises because buyers forget to arrange the transfer, or because errors were made during the sales process. Even with car dealerships, it can happen that they don't handle the administration correctly.

What does Dutch law say?

Dutch law is clear about responsibilities regarding vehicle registration. According to the Road Traffic Act 1994 (Wegenverkeerswet 1994), the registered licence holder is initially liable for traffic fines. However, there are also rules under Dutch law that protect you as a seller against wrongful fines. The law provides various ways to demonstrate that you're no longer the vehicle's owner.

1Article 37 Road Traffic Act 1994: The licence holder is responsible for violations, unless it can be proven that another driver was behind the wheel

2Article 3:86 Dutch Civil Code (Burgerlijk Wetboek): Upon sale, ownership transfers at the moment of delivery and payment, regardless of registration

3Article 8:1 General Administrative Law Act: You have the right to object to wrongful decisions by government agencies

What are your rights?

If you're wrongfully receiving fines for a car that's no longer yours, you have various rights under Dutch law to protect yourself. These rights are legally established and can be effectively used.

1Right to object: You can object within 6 weeks against any wrongfully received fine

2Right to provide evidence: You may submit proof such as sales contracts and delivery receipts to demonstrate you've sold the car

3Right to compensation: If you've suffered demonstrable damage due to the administrative error, you can claim compensation

4Right to cost recovery: Legal assistance costs can be recovered from the opposing party if you win your case

What can you do now?

It's important to act quickly and systematically when you receive wrongful traffic fines in the Netherlands. Follow these steps to resolve your situation:

1Step 1: Gather all evidence such as sales contract, delivery receipt, payment proof and any correspondence about the sale

2Step 2: Submit a written objection within 6 weeks to the issuing authority (CJIB or municipality)

3Step 3: Contact the RDW to have the vehicle registration corrected and request an extract of the registration

4Step 4: If your objection is rejected, seek legal help or go to court within 6 weeks of the decision

Sample letter or template

A well-drafted objection letter significantly increases your chances of success. MijnRecht.AI can help you draft a professional objection letter that correctly includes all relevant arguments and evidence. This ensures your objection has the best chance of success under Dutch traffic law.

Where can you get help?

For help with registration problems and wrongful fines in the Netherlands, you can contact various agencies. The Legal Counter (Juridisch Loket) offers free legal advice for these situations. For more complex cases, you can engage a traffic law specialist. For corrections to vehicle registration, you need to contact the RDW, and for objections to fines, contact the CJIB or the relevant municipality.

Conclusion

Wrongful traffic fines due to vehicle registration errors are annoying, but certainly not unsolvable. With the right approach and evidence, you can successfully challenge these fines under Dutch law. Don't wait too long to take action, as there are strict deadlines for submitting objections in the Netherlands.

Frequently Asked Questions

How long do I have to object to a wrongful traffic fine?

What should I do if I no longer have the sales contract for the sold car?

Can I hold the new owner liable for the costs?

What happens if my objection is rejected?

Do I have to pay the fines during the objection procedure?

How do I prevent this problem with future car sales?

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