Article 11 WVW: joyriding — using someone else’s car without permission
Joyriding is deliberately and without right using another person’s motor vehicle on the public road. It is an indictable offence, but a lighter one than theft: the joyrider does not want to keep the car, only to drive it. The line between the two, and the question whether there may in fact have been permission, determines the outcome. Strikingly often it involves young people — and then separate rules apply.
Do not make statements about your intention
The difference between joyriding and theft lies in what you wanted with the car. A statement about "just borrowing" or "bringing it back later" seems innocent, but it fills in the intent. Speak to us first.
Record who gave permission
Did you have the key from the owner, from a family member, from a friend who had borrowed the car themselves? Messages and witnesses about that permission are often the entire defence.
Is your child the suspect? Attend the interview
Minors are entitled to the assistance of a lawyer and of a parent during the police interview. What a young person says in that conversation determines the rest of the case. Call us before the interview.
Expect a damages claim
The owner or their insurer often claims damages — even if you damaged nothing. We test that claim on its substantiation and size.
What does article 11 WVW say?
Article 11 reads: "It is prohibited deliberately and unlawfully to use on the road a motor vehicle belonging to another." Four elements: intent, unlawfulness (no permission from the person entitled), a motor vehicle belonging to another, and use on the road. A bicycle does not fall under it; a scooter, car or motorcycle does.
"Using" is in the first place driving, but according to the case law a passenger who closely and consciously cooperates with the driver can also be convicted as a joint perpetrator. Merely riding along is not enough for that: the passenger must have made a substantial contribution.
Joyriding or theft? The difference lies in the intent
Theft (article 310 Dutch Criminal Code) and embezzlement (article 321) require the intention of unlawful appropriation: you wanted to dispose of the car as if it were your own. Joyriding is temporary use without that intention. The difference is large: theft carries up to four years’ imprisonment, joyriding six months.
The OM therefore often charges theft as the principal charge and joyriding in the alternative. Where the car was left, how long it was used, whether parts were sold and whether the car was kept hidden determine which classification holds. We aim for the lightest classification the file allows.
What is the penalty for article 11 WVW?
Joyriding is an indictable offence with a maximum of six months’ imprisonment or a fine of the third category. Notably, article 11 does not appear in the list of offences for which the court can impose a driving ban: for joyriding alone, a driving ban is therefore not possible.
In practice a first, short joyride by an adult is often dealt with by a fine or a community service order; for minors by a Halt programme, a community service order or, in more serious cases, juvenile detention. If damage, a collision, alcohol or driving without a licence are added, the offences pile up and the sentence becomes considerably heavier.
Young people and joyriding
A large share of joyriding cases involve young people between 14 and 20: the parents’ car, a friend’s scooter. For minors, juvenile criminal law applies, with the emphasis on an educational approach — but a Halt programme or community service order also goes on the judicial record and can hamper a certificate of conduct (VOG).
Moreover, young people almost always drive without a licence (article 107 WVW) and without insurance covering the use. We make sure the interview does not take place without assistance and aim for an outcome that burdens the young person’s future as little as possible.
Which defences are promising?
The most frequently raised defence is permission: the owner, or someone entitled to decide on the owner’s behalf, had allowed the use, or you could reasonably assume so. Then unlawfulness, or the intent directed at it, is lacking. A car you were previously allowed to use more often is a strong argument here.
Also: you were merely a passenger without conscious cooperation; the use did not take place "on the road" but on closed private land; the vehicle is not a motor vehicle; or the classification is wrong and should have been the other way round. We also test the identification — in joyriding cases the driver is often only identified afterwards from camera footage.
The damage and the insurance
The owner’s compulsory motor insurer (WAM) compensates damage to third parties even in the case of joyriding, but then recovers it from the joyrider. Damage to the car itself is often claimed directly, in the criminal case as injured party or outside it.
We contest claims that are insufficiently substantiated or too broadly calculated, and advise on a settlement where that benefits the criminal case.
More on traffic offences and young people
Read also our pages on theft and embezzlement, on juvenile criminal law and on driving under the influence (art. 8 WVW), which often plays a role in joyriding. The overview is on the page traffic offences.
Immediate help if you are accused of joyriding
Whether it concerns you or your child: call +31 6 20 44 68 60 before the interview or use the contact form. We assess the same working day whether it is theft or joyriding, whether there was permission and which outcome is achievable. The first phone call is free.
Frequently asked questions
What is the difference between joyriding and theft?
Theft requires that you wanted to appropriate the car; joyriding is temporary use without that intention. The maximum sentence is four years versus six months. The OM often charges both; we aim for the lightest classification.
What is the penalty for joyriding?
Up to six months’ imprisonment or a fine. In practice a first offence usually results in a fine or community service; for minors, Halt or a community service order. A driving ban is legally not possible for joyriding alone.
I was only a passenger in the car. Am I liable?
Only if you closely and consciously cooperated with the driver, for example by making the plan or arranging the key. Merely riding along is insufficient for joint perpetration.
My child drove my car without my permission. Is that joyriding?
Formally yes, but the OM rarely prosecutes if the parent does not report it. If your child drove without a licence or caused damage, other offences come into play. Call us before an interview takes place.
I was allowed to use the car before. Is that a defence?
Yes. Earlier permission can mean that you could reasonably assume you were allowed to use the car this time too; then the intent directed at unlawfulness is lacking.
Will I get a criminal record for joyriding?
Yes, a conviction or penalty order is entered in the Dutch judicial documentation and can hamper a VOG application. That also applies to minors. We aim for an outcome that limits this as much as possible.