Dangerous driving: what are Articles 5 and 5a of the Road Traffic Act and what penalties apply?

By Tom Meevis, criminal defense lawyer at Law & More · Published and content reviewed: 4 November 2026

Dangerous driving is punishable under Article 5 of the Road Traffic Act 1994 (WVW) if you cause danger or obstruction on the road, and as very dangerous driving under Article 5a WVW if you intentionally and seriously violate traffic rules. The main difference: intent is not required for Article 5, whereas Article 5a only applies in cases of intent and if there was a risk of life-threatening danger or serious injury to another person as a result.

In this article, you will read what both articles entail, which behaviors the law mentions, which penalties apply, and how this relates to an accident resulting in injury.

What does Article 5 of the Road Traffic Act prohibit?

Article 5 of the Road Traffic Act prohibits anyone from behaving in such a way that danger arises or may arise on the road, or that traffic is obstructed or may be obstructed. Therefore, nothing needs to happen: the chance of danger or obstruction is sufficient.

The article is broad and applies to all road users, including cyclists and pedestrians. A violation of Article 5 is an offense and not a felony (Article 178, paragraph 2 of the Road Traffic Act). According to Article 177, paragraph 1 of the Road Traffic Act, the maximum penalty is imprisonment for 6 months or a fine of the third category (€11,000).

That maximum was increased from 2 to 6 months on January 1, 2020. If you drive a motor vehicle, the judge may also impose a driving ban of up to 2 years pursuant to Article 179, paragraph 2 of the Road Traffic Act.

What constitutes very dangerous driving behavior according to Article 5a of the Road Traffic Act?

Article 5a of the Road Traffic Act prohibits the intentional and serious violation of traffic rules if there is a risk of life-threatening danger or serious bodily injury to another person. The article has been in effect since January 1, 2020, and is a criminal offense.

There are therefore three conditions. You acted intentionally, you violated traffic rules to a serious degree, and this resulted in a serious danger to another. The danger does not have to materialize: no accident needs to have occurred.

Which behaviors are referred to in Article 5a, paragraph 1?

Article 5a, paragraph 1 of the Road Traffic Act lists the following behaviors, which, alone or together, can constitute a serious violation:

1. failing to keep to the right sufficiently in places with poor visibility;
2. dangerous overtaking;
3. ignoring a red cross above the lane;
4. driving on the hard shoulder where it is not allowed;
5. overtaking immediately before or on a pedestrian crossing;
6. fail to yield;
7. exceed the maximum speed;
8. driving very close behind another vehicle (tailgating);
9. driving through a red light;
10. driving against the direction of traffic (ghost driving);
11. holding a mobile electronic device while driving;
12. failing to follow instructions from authorized persons, such as the police;
13. violate other traffic rules of comparable importance.

According to Article 5a, paragraph 2 of the Road Traffic Act, the judge also takes into account the extent to which you were under the influence of alcohol or drugs. Driving under the influence in itself does not fall under Article 5a, but under Article 8 of the Road Traffic Act. Read our article about this. driving under the influence.

What is the penalty for very dangerous driving?

According to Article 176, paragraph 1 of the Road Traffic Act, a violation of Article 5a of the Road Traffic Act carries a prison sentence of up to 2 years or a fine of the fourth category (€ 27,500). If you were driving a motor vehicle, the judge may additionally impose a driving ban of up to 5 years pursuant to Article 179, paragraph 1 of the Road Traffic Act.

If you commit such an offense again within 5 years after the expiration of a previous disqualification, the disqualification may increase to 10 years in accordance with Article 179, paragraph 4 of the Road Traffic Act.

What does the Public Prosecution Service require under Article 5a?

The Public Prosecution Service Guideline 2022R004, in effect since January 1, 2023, distinguishes between a single act and a combination of acts. In the case of a single act involving a motor vehicle, the starting point for someone without a prior conviction is a 2-week unconditional prison sentence and a 3-month unconditional driving ban.

For a combination of behaviors, this carries a 4-week prison sentence and a 6-month driving ban. In the event of repetition, these starting points are doubled. The judge is not bound by the guideline. You can find an overview of the possible sanctions on our page about penalties and measures in traffic criminal law.

What is the difference between Article 5a and Article 6 of the Road Traffic Act?

Article 5a concerns dangerous driving behavior itself, even if nothing happens. Article 6 of the Road Traffic Act concerns an accident resulting in death or injury caused by your fault; intent is not required for this.

The two articles are indeed related. According to Article 175, paragraph 2 of the Road Traffic Act, recklessness is in any case present in the event of an accident if your conduct also falls under Article 5a. In the case of a fatal accident, the maximum penalty then increases from 3 to 6 years of imprisonment. You can read more about this in our article regarding Article 6 of the Road Traffic Act, death or injury caused by negligence.

An example from case law: on October 15, 2024, the Supreme Court upheld a conviction for recklessness against a driver who drove at 157 to 278 km/h for over 1,600 meters on a road with an 80 km/h speed limit (ECLI:NL:HR:2024:1405). The Court of Appeal had deemed that conduct intentional and seriously dangerous to traffic.

When is tailgating punishable?

Tailgating can fall under Article 5 of the Road Traffic Act if it causes danger or obstruction. If you intentionally drive very close behind another vehicle and this creates a risk to life or serious injury, Article 5a, paragraph 1 of the Road Traffic Act explicitly refers to this as very dangerous driving behavior.

Whether it concerns Article 5 or Article 5a depends on the speed, the distance, the duration, and whether other behaviors were involved, such as overtaking on the right or signaling. Article 5a often involves a combination of behaviors over a longer distance.

How are illegal street races punished?

A competition involving vehicles on the road is prohibited under Article 10, paragraph 1 of the Road Traffic Act. This applies to holding the competition as well as participating.

According to Article 177, paragraph 2 of the Road Traffic Act (WVW), Article 10, paragraph 1 carries a penalty of imprisonment for a maximum of 2 months or a fine of the second category (€ 5,500), and according to Article 179, paragraph 2 of the WVW, a driving ban of up to 2 years. During a street race, the speed limit is usually significantly exceeded and overtaking is often dangerous. In such cases, the Public Prosecution Service may also charge under Article 5a. The Public Prosecution Service guideline cites road races with serious consequences as an example of a case requiring a tailored approach.

What can we do for you if dangerous driving is suspected?

• We will discuss the suspicion with you and whether you will make a statement to the police.
• We review the police report, dashcam or camera footage, and any speed measurements.
• We assess whether the file supports intent and a serious violation of traffic rules, as required by Article 5a of the Road Traffic Act.
• We assess whether the less severe classification under Article 5 of the Road Traffic Act is more appropriate to the facts.
• We conduct your defense before the public prosecutor or the criminal court, including regarding the driving ban.

Summary

• Article 5 of the Road Traffic Act prohibits danger or obstruction on the road; it is an offense punishable by a maximum of 6 months' imprisonment.
• Since January 1, 2020, Article 5a of the Road Traffic Act prohibits the intentional and serious violation of traffic rules that endangers the life of another.
• Article 5a carries a maximum sentence of 2 years imprisonment and a driving ban of up to 5 years, or up to 10 years for repeat offenders.
• If conduct falling under Article 5a leads to an accident resulting in death or injury, it is considered reckless within the meaning of Article 175, paragraph 2 of the Road Traffic Act.

Frequently asked questions about dangerous driving

Is running a red light once already very dangerous driving behavior?

Not automatically. Article 5a of the Road Traffic Act requires intent, a serious violation, and danger to life or danger of serious injury to another. A single violation is usually dealt with as an ordinary traffic violation or under Article 5 of the Road Traffic Act.

Must an accident have occurred for Article 5 or 5a?

No. For both articles, the danger is sufficient. In the event of an accident resulting in death or injury, Article 6 of the Road Traffic Act comes into play.

Can I lose my driver's license for dangerous driving?

Yes. The judge can impose a driving ban: up to 2 years under Article 5 and up to 5 years under Article 5a of the Road Traffic Act. Additionally, the police can confiscate your driving licence in accordance with Article 164 of the Road Traffic Act in the event of a serious danger to road safety.

Questions about your case?

Email us a few sentences explaining what your question is about, via info@lawandmore.nlWe will let you know if we can help you and what the next step is.

This article provides general information and does not replace advice regarding your specific situation.