Penalty points on your driving licence: when do you get them and what are the consequences?

Probationary licence, penalty point system, suspension or invalidation of your driving licence: for many drivers, these are confusing concepts. It is often assumed that every traffic violation automatically leads to a penalty point. In reality, it is more nuanced than that.

In this blog, we explain what the probationary licence and the penalty point system are, when you can receive a penalty point on your driving licence and what the possible consequences are.

Two systems: the probationary licence and the penalty point system

In the Netherlands, two different systems work with penalty points: the probationary licence and the penalty point system.

The probationary licence applies only to novice drivers. Novice drivers are relatively often involved in traffic accidents and commit traffic violations more frequently. To improve road safety, the probationary licence was introduced. Under this scheme, stricter rules apply and you can receive a penalty point more quickly.

How long you are considered a novice driver depends on the age at which you obtained your first driving licence. In most cases, this is five years. If you obtained your driving licence at the age of 16 or 17, a period of seven years applies.

In addition to the probationary licence, there is the penalty point system. This system applies to all drivers and is specifically aimed at combating drink and drug driving. As a novice driver, you automatically fall under both schemes.

When do you receive a penalty point on your driving licence?

Probationary licence

As a novice driver, you can receive a penalty point on your driving licence if you are convicted of a serious traffic violation. This includes situations in which you:

a) cause danger or hindrance on the road; b) cause a traffic accident resulting in serious physical injury or death; c) commit a significant speeding offence.

It is important to note that the violation must involve you being stopped by the police. Traffic fines issued on the basis of a licence plate do not count towards penalty points on your driving licence. Violations committed abroad are also disregarded.

Penalty point system

You receive a penalty point when there is an irrevocable conviction or penalty order for, among other things:

a. drink or drug driving; b. refusing a breathalyser or blood test; c. causing a serious traffic accident while under the influence; d. refusing to cooperate with an investigation following such an accident.

Once you have been irrevocably convicted of a traffic offence, a penalty point is automatically registered on your driving licence by operation of law. You will receive written notification of this from the Public Prosecution Service.

What are the consequences of a second penalty point on your driving licence?

If, as a (novice) driver, you are convicted again within five years of the previous conviction becoming irrevocable for one of the aforementioned offences, you will receive a second penalty point on your driving licence. In that case, your driving licence will be suspended and/or invalidated by operation of law. You will temporarily not be permitted to drive.

Your case will then be referred to the CBR (Central Office for Motor Vehicle Driver Testing). The CBR will conduct an investigation into your driving ability and fitness to drive. Driving ability relates to your knowledge of traffic rules and your practical driving skills. Fitness to drive relates to your physical and mental ability to drive.

Based on this investigation, the CBR can make various decisions. The CBR may decide that you are permitted to keep your driving licence, possibly in combination with an educational measure. However, the CBR may also decide that you are no longer considered fit or able to drive.

In that case, your driving licence will be invalidated and you will need to retake your driving test in order to obtain a new licence. In practice, invalidation occurs regularly.

Driving licence invalidated: do you start with a clean slate?

What many people do not know is that after having your driving licence invalidated, you do not start with a clean slate. When you obtain a new driving licence following invalidation under the penalty point system, one penalty point is immediately registered again. This means that if you commit a new offence within five years, you risk losing your driving licence once more.

Objecting to penalty points on your driving licence: what is possible?

Penalty points on your driving licence are not "awarded" by a judge, but follow directly from the law. This means that no objection or appeal is possible against the penalty point itself.

What is possible, however, is contesting the underlying traffic violation. If that violation is not proven or is assessed differently, this can prevent a penalty point from being registered on your driving licence.

This is precisely why it is important to seek legal advice promptly. A conviction can not only result in a penalty, but also in penalty points on your driving licence with potentially far-reaching consequences.

In conclusion

The penalty point system is less straightforward than is often assumed. Not every violation leads to a point, but when it does, the consequences can be significant.

Would you like to know what applies to your situation, or are you dealing with a penalty point or a threatened invalidation of your driving licence? Please contact our office. We are happy to advise you on your options.

Further information

Please note: driving while your driving licence has been suspended or driving with an invalidated licence is a criminal offence, as is driving during a driving ban. Would you like to know more about what happens when your driving licence is immediately seized — for example, following a significant speeding offence or drink driving? In our blog 'Driving licence seized? What you need to know about seizure, retention and driving bans', we explain step by step how the seizure process works, what rights you have during the retention period and what you can expect from the criminal proceedings and any driving ban. This way, you will know exactly where you stand and how to protect your interests.