Traffic hazard causing Pokémon-game is illegal

Since early July of this year the media have been giving a lot of attention to the Pokémon craze. Almost weekly there are news items about Pokémon hunters causing dangerous traffic situations.[1] Veilig Verkeer Nederland (Dutch organisation that dedicates itself to improving safety in traffic) has warned that the amount of deaths in traffic will increase due to the Pokémon game.[2]

Pokémon and driving

It should be obvious that driving and playing Pokémon are not compatible when looked on from the perspective of traffic safety. It is also illegal. The illegality of such activities comes from article ‘61a Reglement Verkeersregels en Verkeerstekens’ (Dutch regulations on traffic rules and signs). This article makes it illegal for drivers of a motorized vehicle to handheld a mobile device. Infraction of this article is met with a substantial fine.[3]

Besides that, the police can make up an official report for article 5 Wegenverkeerswet (Dutch Traffic law). In this article it is made illegal for everyone to behave in a manner that creates a dangerous traffic situation or could create a dangerous traffic situation, or causes inconvenience or could cause inconvenience.

It is less known that the police can communicate infractions with the CBR (Dutch department for motor vehicles), based on article 130 Wegenverkeerswet. Based on ‘Bijlage 1 van de Regeling maatregelen rijvaardigheid en geschiktheid’ (Attachment 1 of the regulations measures driving skills and fitness) calling non-hands-free and distractions by audio-visual inputs and a lack of insight in risks in traffic.[4]

This lack of insight results in a suspicion of lack in driving skills in the same regulation as mentioned before.[5] This suspicion gives the CBR the right to take measures. When a driver repeatedly drives dangerously, by, for instance, playing Pokémon, the CBR can decide to impose an ‘educatieve maatregel gedrag en verkeer (EMG)’ (educational measure on behaviour and traffic).[6] The driver upon which these measures are imposed has to pay for them himself. These costs are quite high.[7] It then becomes quite an expensive game of Pokémon.

Let alone the dangers that playing Pokémon while driving brings with it, the driver could possibly be prosecuted on criminal charges as well as administrative charges.

Pokémon spleen overage verkeersdeelnemers.

Dangerous traffic situations occur not only when drivers play Pokémon, but also when other participants of traffic, like cyclists or pedestrians, play the game.

The media reports more and more on Pokémon players that are so involved with their game that they, without noticing, suddenly walk on the road.[8] They not only put themselves in harm’s way, but also other traffic participants. When a Pokémon player unexpectedly walks onto the road, a driver might have to dodge him which might lead to a collision.

Pokémon players do not realise that they can also be prosecuted on the grounds of article 5 Wegenverkeerswet. It is, after all, forbidden for everyone to behave in such a manner that the safety on the road is compromised or could be compromised. By playing Pokémon without paying attention, and suddenly walking on the road, traffic safety might be compromised.

In such instances the police can make an official report on the basis of article 5 Wegenverkeerswet. Article 5 Wegenverkeerswet is a minor offence. Infringing article 5 Wegenverkeerswet can be met with a punishment of up to two months and a fine up to € 4.100, -.[9]

The chance that a Pokémon player that infringes article 5 Wegenverkeerswet is sentenced to jail is slim. There is however a considerable chance that a Pokémon player receives a fine in such instances. In my opinion it would be good if the government makes people privy to the fact that this may be a consequence of causing dangerous situations in traffic. Perhaps that will help prevent a traffic death resulting from the Pokémon game.

[1] See for instance www.telegraaf.nl, 10 augustus 2016, ‘Politie betrapt Pokémon-jager in auto’ en www.telegraaf.nl, 11 augustus 2016, ‘Pokémon-speler zwalkt rijbaan op’.

[2] See www.metronieuws.nl, 12 juli 2016, ‘Er gaan doden vallen in het verkeer door Pokémon’.

[3]In 2016 the fine is € 230,- on top of which a € 9,- service fee is added

[4] See Bijlage 1 sub A, sub III, lid 2 sub c Regeling maatregelen rijvaardigheid en geschiktheid

[5] See Bijlage 1 bij inleiding Regeling maatregelen rijvaardigheid en geschiktheid

[6] See article 14 lid 1 sub a Regeling maatregelen rijvaardigheid en geschiktheid

[7] In 2016 the costs are € 1.074-

[8] See for instance footnote 1

[9] See article 177 Wegenverkeerswet jo. Article 23 lid 4 Wetboek van Strafrecht