Self-declaration procedure CBR

The so-called self-declaration procedure of the CBR (Dutch Department of Driver’s licenses) is used in different situations. This article will be about one of those situations.

If in the disqualification procedure ex article 130-134 ‘Wegenverkeerswet’ (Dutch Traffic Act) misuse of alcohol is diagnosed, the person involved will be declared incapable of driving. The CBR will then void their license.

If the person involved accepts the decision, they will want their license back later. This is possible through the self-declaration procedure.

If the license of a driver has been voided by the CBR, the driver needs to have a period without a repeated offense of one year on the grounds of paragraph 8.8 of Annex of the regulations on the requirements of driving ability, before they are eligible for a driver’s license.

After the period of one year has ended, there needs to be an examination in the form of the self-declaration procedure. A psychiatrist will then assess of the established misuse of alcohol has been in remission for a year. If the alcohol misuse has stopped for a year, the person involved is considered able to drive.

If the person involved is considered able to drive, the CBR issues a declaration of ability. This declaration of ability is initially valid for one year.

If someone wants to receive a renewed license after this period, they have to resend a self-declaration form to the CBR before the end of the year. A new examination will then be started. If someone is then found able to drive, a declaration of ability will be issued for a period of three years. After three years there will be another examination. If they are found able to drive again, another declaration of ability will be issued, this time for a period of five years. After five years they will again be examined. If the examination has a positive result, they will be issued a declaration of ability for a period of ten years.

People in the self-declaration procedure criticize these periods heavily. In case law however it these periods are accepted.

If someone wants to prevent themselves from being subjected to the self-declaration procedure, they have to critically review whether the diagnosis of alcohol misuse during the disqualification procedure was correct. If this is not the case, a notion of objection can be registered. If this objection is well-founded, the person involved will not be subjected to the self-declaration procedure.