Council of State: freeze “disproportionate” traffic fines

The Council of State has urged the cabinet to rethink its decision to raise traffic fines amid concerns that the penalties have increased out of proportion to other offences.

Justice minister David van Weel wants to raise fines across the board by 2.7% next year, in line with inflation.

If approved, the new fines would include €130 for parking without authorisation, €330 for running red lights and €450 for using a mobile phone at the wheel.

Speeding fines depend on the actual speed, ranging from €33 for going 4km/h over the limit to €424 for exceeding the limit by 30km/h. But fines are higher in built-up areas and 30km zones: driving 50km/h in a 30km/h limit will cost €351.

The Council of State, which issues non-binding advice on all government bills and decisions, queried if the raise was “necessary, fair and proportionate”, echoing criticism from other legal bodies in recent years.

They include the prosecution service (Openbare Ministerie), judges and the agency that collects the fines, the CJI, which said there was “imbalance” with fines for other offences such as common assault, which typically carries a penalty of €400.

Debt problems

Traffic fines have increased cumulatively by 220% in the last 30 years, while in 2024 127,000 families had problems with debt caused by outstanding traffic penalties.

The Council of State said freezing the fines rather than allowing them to rise with inflation was a “first obvious step” towards rebalancing the penalties.

It said the reason given by ministers – that the income from fines was needed to meet the justice ministry’s costs – was not a valid legal argument.

“The aim of these fines is to sanction behaviour that breaks the rules and improve road safety,” it said in a written advisory. “Raising the tariffs for traffic fines should relate to serving that purpose.”