Article 6 Wegenverkeerswet

When a serious traffic collision happens, the police will try to find out whether somebody is at fault. If that is the case, article 6 Wegenverkeerswet (Dutch Traffic law) comes in to play. Article 6 Wegenverkeerswet says the following:

“It is prohibited for those who partake in traffic to behave in such a manner that an accident occurs, of which he is at fault, which results in death, severe bodily harm, or such bodily harm that it results in temporary illness or incapability of normal pursuits, of another.”

The ‘fault’ component can take different forms in the indictment. It can be worded as reckless, very, or at least considerable imprudent and very, or at least considerable inattentive driving.

Recklessness is the most severe of the aforementioned forms of fault. It is so severe that it borders intent. Recklessness is only spoken of in cases of unusual imprudent behaviour which causes serious danger, and when the driver causes this danger knowingly.

Breach of article 6 Wegenverkeerswet is a crime. If a driver is convicted on charges based on article 6 Wegenverkeerswet, he can receive a relatively severe punishment.

Breach of article 6 Wegenverkeerswet is met with a punishment of up to three years in cases where the accident resulted in death. If the accident results in bodily harm, the infringement is met with up to one year and six months in prison.

If the ‘fault’ component takes the form of recklessness, punishments of up to six years are possible. In cases where the accident did not result in death, but exclusively in bodily harm, the maximum punishment is three years in prison.

If the driver that is at fault was under the influence of alcohol while breaching article 6 Wegenverkeerswet, the maximum prison sentence is increased by half. This increase is also possible when the breach occurred because the driver exceeded the maximum speed severely, was tailgating, did not yield or passed another driver dangerously.

When determining the punishment, the courts use the so-called ‘Oriëntatiepunten voor straftoemeting’ (guidelines for sentencing). When determining the punishment for an article 6 Wegenverkeerswet crime, recklessness, grave traffic errors, and considerable traffic errors are taken into account. Also taken into account is whether the driver was under the influence, and whether the breach resulted in bodily harm, severe bodily harm, or death.