Driving without a license: what are the penalties under Article 107 and Article 9 of the Road Traffic Act?
Driving without a valid driving licence is punishable under Article 107 of the Road Traffic Act 1994 (WVW), for example if you have never obtained a driving licence, if it has expired, or if you are driving a vehicle of a different category. The most important exception regarding severity: if you drive while your driving licence has been confiscated, declared invalid, or suspended, or while you have a driving ban, this falls under Article 9 WVW and is an offence with a much higher penalty.
In this article, you will read which situations fall under which article, which penalties apply, what can happen to your car in case of repeat offenses, and how it works with a foreign driver's license.
What does Article 107 of the Road Traffic Act require of a driver?
According to Article 107, paragraph 1 of the Road Traffic Act, every driver of a motor vehicle must be issued a driving licence valid for the category of the vehicle. Article 107, paragraph 2 of the Road Traffic Act adds that the driving licence must not be expired, must be clearly legible, and must comply with the requirements of the ministerial regulation.
Motor vehicles also include mopeds and light mopeds. Therefore, you also need a driving license for a light moped, at least category AM.
Which situations fall under Article 107 of the Road Traffic Act?
Article 107 of the Road Traffic Act applies if you drive without having been issued a valid driving licence for that vehicle. The most common situations are:
- Never had a driver's licenseYou have never passed a driving test for this type of vehicle.
- Wrong category: for example, you have a category B driving license, but drive a motorcycle or a truck.
- Expired driver's license: the validity date on your driving licence has expired (Article 107, paragraph 2, sub b of the Road Traffic Act).
- Illegible or not in accordance with the requirements: the driving licence is damaged or altered (Article 107, paragraph 2, under a and c of the Road Traffic Act).
Driving without a licence within the meaning of Article 107 is an offence (Article 178, paragraph 2 of the Road Traffic Act). The maximum penalty under Article 177, paragraph 1 of the Road Traffic Act is imprisonment for 6 months or a fine of the third category (€11,000).
What happens if your driver's license has expired?
You are not allowed to drive with an expired driving licence until you have a new one. If you are checked, you will in practice receive a fine; the amounts are listed in the Public Prosecution Service (OM) Fine Database.
Please note an exception. If you are required to meet additional requirements for a new application, for example because the CBR needs to assess your suitability, and you were aware of this or should have been aware of it, then driving with an expired driving licence falls under the category of a more serious offence under Article 9, paragraph 2 of the Road Traffic Act.
For categories with a validity period of less than 10 years, you submit a Certificate of Fitness upon renewal, and the CBR assesses the validity of the new driving licence. You can renew at the municipality or online via the RDW.
When is driving without a license a crime?
Article 9 of the Road Traffic Act prohibits driving a motor vehicle in situations where your driving privileges have been revoked or suspended by a decision of the government or a court. This is an offence under Article 178, paragraph 1 of the Road Traffic Act.
- during a driving ban imposed by the judge or the Public Prosecution Service (Article 9, paragraph 1);
- after your driving licence has been declared invalid by the CBR, or if your driving licence has become invalid by operation of law, for example due to the recidivism scheme for novice drivers (Article 9, paragraph 2);
- after the police or the CBR has confiscated your driving licence or you were required to surrender it (Article 9, paragraphs 4 and 7);
- during a suspension of your driving licence by the CBR (Article 9, paragraph 5).
In most of these situations, you knew or should have known the decision. You can read more about these measures in our articles about the invalidation of the driving license and a confiscated driver's license.
What is the penalty for driving while suspended or revoked?
According to Article 176, paragraph 2 of the Road Traffic Act, a violation of Article 9 carries a prison sentence of up to 1 year or a fine of the fourth category (€ 27,500). Additionally, pursuant to Article 179, paragraph 1 of the Road Traffic Act, the judge may impose a new driving ban of up to 5 years, or up to 10 years in the event of a repeat offense within 5 years of a previous ban.
The Public Prosecution Service assumes a short unconditional prison sentence, even for a first offense. According to the Guidelines for prosecution of driving (or causing to be driven) a motor vehicle during a driving ban, etc. (2019R015), the starting point for a car driver is 2 weeks. In the event of a repeat offense, this increases to 3 to 6 weeks, and the starting points are higher for drivers of trucks and buses. The Public Prosecution Service may also demand a new driving ban.
Can my car be seized or forfeited?
Yes, especially in the case of repeat offenses. The police can seize the vehicle used to commit the offense pursuant to Article 94 of the Code of Criminal Procedure. The judge can subsequently declare it forfeited under Article 33a of the Criminal Code, as a result of which you permanently lose ownership.
In practice, this primarily occurs with drivers who repeatedly drive without a valid license or while under a driving ban. For instance, in September 2023, the Public Prosecution Service announced that the judge in Arnhem confiscated five vehicles belonging to a man who had been caught eight times. A car borrowed from someone else was returned to the owner. You can read more about this in our article about seizure of your car.
Are you allowed to drive in the Netherlands with a foreign driver's license?
With a valid driving licence from a country in the EU, the EEA, or Switzerland, you may drive in the Netherlands, even if you come to live here. Depending on the type of licence, a maximum term of 5 or 15 years applies; after that, you need a Dutch driving licence.
With a driving licence from outside the EU, the EEA, or Switzerland, you may drive for another 185 days as soon as you reside in the Netherlands. After that, you need a Dutch driving licence. Sometimes you can exchange your licence without taking a new exam; the RDW keeps track of which countries and categories this is possible for. If you continue driving after that period, this falls under Article 107 of the Road Traffic Act (WVW).
What can we do for you if you are suspected of driving without a license?
- We determine whether your case falls under Article 107 or Article 9 of the Road Traffic Act, as this determines the severity.
- We check whether you knew or should have known about the denial, invalidation, or seizure.
- We assess a penal order from the Public Prosecution Service and whether an objection is worthwhile.
- We conduct your defense before the criminal court, including regarding imprisonment and driving bans.
- We are contesting the seizure of your vehicle, for example by means of a notice of complaint.
Summary
- Article 107 of the Road Traffic Act applies if you have never held a driving licence, if it has expired, or if you drive a different category; it is an offence.
- Driving while subject to a disqualification, invalidation, suspension, or revocation falls under Article 9 of the Road Traffic Act and is a criminal offense punishable by a maximum of 1 year's imprisonment.
- Under Article 9, the Public Prosecution Service assumes a short unconditional prison sentence, even for a first offense.
- In the event of repeated offenses, your vehicle may be seized and forfeited.
Frequently asked questions about driving without a license
Am I insured if I drive without a valid driver's license?
In principle, the vehicle's WAM insurance covers damage caused by others. However, many policy conditions stipulate that the insurer may then recover that damage from the driver. Check your own policy conditions for this.
I didn't know my driver's license had been declared invalid. Am I liable to prosecution?
For Article 9 of the Road Traffic Act, in most situations it is required that you knew of the decision or ought reasonably to have known of it. Whether this is the case depends, among other things, on whether the decision was sent to you correctly.
Will I also get a driving ban for driving without a license?
In the event of driving while a driving ban, invalidation, or confiscation is in effect, the judge may impose a driving ban of up to 5 years pursuant to Article 179, paragraph 1 of the Road Traffic Act. Article 179 of the Road Traffic Act does not mention a driving ban for driving without a license pursuant to Article 107 of the Road Traffic Act.
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.
