Speeding violation: when a Mulder fine and when a criminal case?
A speeding violation exceeding the limit by up to 30 km/h, or up to 40 km/h on the motorway, is usually settled with an administrative fine under the Mulder Act. If you drive faster, the offense falls under criminal law and, in addition to a fine, you may also receive a driving ban; if you exceed the limit by 50 km/h or more, the police will immediately confiscate your driving license during a traffic stop.
In this article, we explain the applicable procedure, how to appeal a Mulder fine, what changes if the case becomes criminal, and when the vehicle owner receives the fine.
When do you receive a Mulder fine and when do you face a criminal case?
The limit is 30 km/h over the speed limit, and on the motorway at 40 km/h. Up to and including that limit, the Administrative Enforcement of Traffic Regulations Act (WAHV) generally applies; above that, criminal law applies.
According to Article 2 of the WAHV, the conduct listed in the annex to that Act may be settled by an administrative sanction. This is a sum of money collected by the CJIB. The Public Prosecution Service writes on its page about speeding that violations of more than 30 km/h, and on the motorway from 40 km/h, fall under criminal law.
A criminal speeding violation is a violation of the Road Traffic Act 1994 and the Road Traffic Regulations 1990. The Public Prosecution Service usually handles this with a penal order. In more serious cases, a summons follows to appear before the sub-district court judge or the police court judge. You can read how a penal order works in our article on the penal order in traffic cases.
How is the measured speed corrected?
A correction is first deducted from the measured speed. According to the OM Instruction on speeding and speed limiters (2022I002), this is 3 km/h for speeds up to and including 100 km/h and 3% above that.
Furthermore, according to the same instruction, prosecution only takes place if the corrected speed exceeds the maximum speed by 4 km/h or more. On a road with a 50 km/h speed limit, a measurement of 57 km/h therefore leads to a fine for 54 km/h.
How high is the fine for speeding?
The amount depends on the extent of the overshoot and the type of road. Higher rates apply within built-up areas and during roadworks than on the motorway.
The current amounts are listed in the Public Prosecution Service’s Fine Database. For Mulder fines, administrative costs are added to these. In the event of a criminal violation, the Public Prosecution Service determines the fine based on the Guideline for Criminal Prosecution of Fact-Coded Crimes and Offenses (2025R008). In the event of a repeat offense or a major violation, the Public Prosecution Service may require a driving ban.
When is your driver's license confiscated?
The police will confiscate your driving licence if you are stopped and have exceeded the speed limit by 50 km/h or more. This is stated in the Public Prosecution Service Instruction regarding the confiscation of driving licences (2022I004), based on Article 164 of the Road Traffic Act 1994.
That limit applies everywhere, including within built-up areas. For a moped, according to the same instructions, the limit is 30 km/h or more over the speed limit. Additionally, the police may confiscate the driving licence at a speed that seriously endangers road safety, even below those limits, after consultation with the assistant public prosecutor.
After the seizure, the public prosecutor decides within ten days whether the driving licence will be withheld. You can read more about this in our article about a confiscated driver's license.
What does the CBR do in the event of a major speeding violation?
If you are driving 50 km/h or more over the speed limit, the police will report you to the CBR. The CBR can then impose the Educational Measure on Behavior and Traffic (EMG).
According to the central government, that course costs between €700 and €1,300 and you pay for it yourself. If you do not cooperate, the CBR will declare your driving licence invalid. This measure is separate from the penalty imposed by the Public Prosecution Service or the judge.
Does a speeding violation count towards the probationary driving license?
Yes, if you were driving more than 30 km/h over the speed limit, or more than 40 km/h on the motorway. According to the national government, a novice driver receives a penalty point in that case.
With a second penalty point within the probationary period, you must surrender your driving licence, and an assessment of your driving skills by the CBR will follow.
How do you appeal a Mulder fine?
You first lodge an appeal with the Public Prosecutor (Article 6 WAHV), generally within six weeks of the date of the decision. If you disagree with his decision, you may then appeal to the sub-district court (Article 9 WAHV).
You can submit the appeal to the Public Prosecutor online via the Public Prosecution Service website. Before the sub-district court, you must first provide security. According to Article 11 of the WAHV, you pay the amount of the fine and the administrative costs for this, with a maximum of €225 plus administrative costs. If the appeal is successful, you will receive that amount back.
An appeal against the ruling of the sub-district court may be lodged with the Arnhem-Leeuwarden Court of Appeal, unless the fine does not exceed €110 (Article 14 WAHV).
What applies at a speed camera or average speed control?
You will not be stopped at a speed camera or average speed check. The notice will then be sent by post, and in the case of a Mulder offense, it is addressed to the registered owner.
With average speed control, your average speed is measured over a fixed stretch of road. A speed camera measures the speed at a single point. The measurement rules set out in the Public Prosecution Service Directive on the Measurement of Speed Exceedances (2022A008) apply to both. Without a roadside stop, there is no immediate confiscation of the driving licence.
Why does the registered owner receive the fine?
In the case of a Mulder offense, the sanction is imposed under Article 5 of the WAHV on the person in whose name the license plate is registered, if the driver is not immediately known. Therefore, you will receive the fine even if someone else was driving.
The public prosecutor annuls the decision only in the cases referred to in Article 8 of the WAHV. This is the case, for example, if the car was used against your will, if you can produce a rental agreement for a maximum of three months, or if you were no longer the owner or holder.
The situation is different in the case of a criminal speeding violation. In that instance, the Public Prosecution Service must determine who the driver was. A basic principle in the Public Prosecution Service instructions is that the driver is responsible for the speed.
What can we do for you in the event of a speeding violation?
- We assess whether your case falls under the Mulder Act or criminal law.
- We check the measurement, such as the applied correction, the calibration, and the signage.
- We are lodging an appeal on your behalf with the Public Prosecutor and the Sub-district Court Judge.
- We lodge an objection against a penal order and assist you at the hearing.
- We discuss the consequences for your driving license, including confiscation and a CBR measure.
Summary
- For speeding up to 30 km/h over the limit (motorway: 40 km/h), a Mulder fine usually applies; above that, criminal law applies.
- If you are exceeding the speed limit by 50 km/h or more, the police will confiscate your driver's license upon stopping you.
- An appeal against a Mulder fine is first sent to the Public Prosecutor, and subsequently to the sub-district court judge.
- In the case of a Mulder offense, the registered owner receives the fine if the driver is unknown (Article 5 WAHV).
Frequently asked questions about speeding violations
Will a Mulder fine appear on my criminal record?
No. A Mulder fine is an administrative sanction and not a criminal conviction. A criminal speeding violation is, however, registered with the Judicial Information Service.
What happens if I don't pay a Mulder fine on time?
According to Article 23 of the WAHV, the fine is automatically increased by 50% if you do not pay within two weeks after it has become final. If you still do not pay after a reminder, an increase of another 100% will follow (Article 25 of the WAHV).
Can I get a driving ban for speeding?
Yes, for a criminal speeding violation, the judge can impose a driving ban. The public prosecutor can also do so in a penal order, for a maximum of six months (Article 257a of the Code of Criminal Procedure). A driving ban is not possible for a Mulder fine.
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.
