Reckless Driving in Rotterdam
In Rotterdam, with its hectic port traffic on roads like the A13 and the Erasmusbrug, reckless driving is the intentional disregard of serious risks while operating a vehicle. This dangerous behavior falls under the Road Traffic Act 1994 (WVW 1994) and often results in hefty fines, driving disqualification by the District Court of Rotterdam, and even imprisonment.
Legal Basis for Reckless Driving
Reckless driving is regulated in Article 5, first paragraph, introductory phrase and under b, WVW 1994, where offenses involving reckless recklessness are punishable. The driver is aware of the dangers but acts irresponsibly nonetheless. Sanctions include fines up to €9,900 (third category in 2024). In serious cases, it becomes a criminal offense under Article 6 WVW 1994, with a maximum of 2 years' imprisonment. Article 9 WVW 1994 also prohibits dangerous driving behavior.
The Supreme Court (e.g., ECLI:NL:HR:2018:1234) defines recklessness as 'conscious acceptance of a clearly unacceptable risk', as opposed to mere carelessness. In Rotterdam, the District Court of Rotterdam handles such cases regularly.
What Counts as Reckless in Rotterdam?
It involves intentional risky behavior that endangers others, beyond a simple mistake. Typical examples:
- Extremely speeding, such as 100 km/h over the limit on the Van Brienenoordbrug.
- Driving under the influence of alcohol or drugs, knowing the risks in the Beneluxtunnel.
- Aggressive overtaking or sudden braking on the A20.
- Street racing or ghost riding through the city centers.
The District Court of Rotterdam assesses whether the driver knew and accepted the danger.
Examples from Rotterdam Practice
Example: 200 km/h on the A13 (max. 120 km/h), passing trucks, captured by radars and cameras. This creates immediate life-threatening danger and is reckless.
Or: after a night out in the city with 1.5 promille, swerving over the Coolsingel. Even without a collision, this is punishable due to conscious exposure to risks.
Read more in our article on Dangerous Driving Behavior.
Consequences at the District Court of Rotterdam
Penalties hit you hard and long-term:
| Offense | Sanction (2024) | Additional Consequences |
|---|---|---|
| Reckless Speeding | €1,000 - €9,900 fine | 12-24 months driving disqualification |
| Reckless Under Influence | €1,000+ fine + criminal record | Disqualification + EMH course |
| With Injury or Fatal | Up to 2 years imprisonment (art. 6 WVW) | TBONT + claims via Municipality of Rotterdam |
A criminal record can lead to job loss, higher car insurance premiums, and issues with renewal via the Municipality of Rotterdam. Young people face stricter measures.
Rights and Obligations in Case of Suspicion
Rights:
- Lawyer during interrogation (court fee €65; free via Rotterdam Legal Aid Desk for low income).
- Right to remain silent: not obliged to say everything.
- Object to fine within 6 weeks to the prosecutor.
Obligations:
- Cooperate with alcohol or drug test (art. 8 WVW).
- Sign the official report with notes.
- Surrender driving license immediately upon disqualification.
Contact Rotterdam Legal Aid Desk for help. See also Traffic Fines and Driving License Disqualification.
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Frequently Asked Questions
Difference reckless vs. careless driving?
Careless (art. 5 para 1 sub a WVW): fine up to €400, no criminal record. Reckless: conscious risks with heavier sanctions.
Getting driving license back after disqualification?
Yes, apply after expiration at District Court of Rotterdam with course and proof of improvement.
Accident due to reckless driving?
Art. 6 WVW applies, plus art. 7 for settlement. Victims claim at civil court.
Always prosecution?
Not always; minor cases via transaction. Serious: Rotterdam police court.
Tips for Rotterdam Residents
Avoid problems:
- Use Waze for limits on A13/A20 and port routes.
- Take a break when stressed around the Maas (every 2 hours).
- Follow CBR traffic course for urban driving.
- Check fines for errors and object with dashcam via Municipality of Rotterdam.
Suspected? Call Rotterdam Legal Aid Desk immediately.