Article 5 WVW: causing danger or obstruction on the road — the catch-all of Dutch traffic law
Article 5 of the Dutch Road Traffic Act (Wegenverkeerswet, WVW) prohibits any behaviour on the road that causes danger or obstruction — or merely could cause it. That broad wording makes it the most used catch-all provision in Dutch traffic law: where a more serious charge cannot be proven, the Public Prosecution Service (OM) falls back on article 5. That is exactly why the accusation deserves close scrutiny.
Read exactly what you are accused of
Article 5 is often charged alongside or beneath a more serious offence (art. 5a or art. 6 WVW). Which specific act is described in the charge determines your defence. Request the police report before you say anything.
Do not make statements about what you "should have seen"
Under article 5 it is the act that matters, not your fault. A statement in which you admit inattention will later be used to prove article 6. Speak to us first.
Keep everything that records the situation
Dashcam footage, photographs of the location, names of witnesses and the weather conditions. Whether danger really existed depends on the concrete situation — and you have to be able to show it.
Watch the deadlines
If you receive a penalty order (strafbeschikking), you have fourteen days to lodge an objection. Paying means acknowledging guilt, with an entry on your Dutch criminal record. Call us before that deadline passes.
What does article 5 WVW say?
The statutory text is short: it is prohibited for anyone "to behave in such a way that danger on the road is caused or may be caused, or that traffic on the road is obstructed or may be obstructed." The article applies to everyone — drivers, cyclists, pedestrians — and does not require an actual accident. That danger or obstruction could have arisen is already sufficient.
Article 5 is a summary offence (overtreding), not an indictable offence (misdrijf). The OM does not have to prove intent or negligence; only the act and the (possible) danger. On the other hand, the defence of absence of all fault (avas) remains open: if there was truly nothing you could have done, an acquittal or discharge follows.
Which acts fall under article 5?
In practice: running a red light where other traffic has to brake, failing to give way, dangerous overtaking, tailgating, not keeping sufficiently to the right, an unexpected manoeuvre, swerving, or a collision in which the OM cannot prove fault within the meaning of article 6. An accident with damage only is also frequently dealt with as article 5.
The boundary with other provisions matters. Minor traffic errors without danger belong under the Mulder Act (administrative fine, no criminal record). Deliberate and seriously dangerous driving has fallen under the heavier article 5a WVW since 2020. The OM does not always choose the right classification — and that choice makes the difference between a fine and a prison sentence.
What is the penalty for article 5 WVW?
Since 1 January 2020 the maximum penalty has been raised: detention of up to six months or a fine of the third category. In addition the court can impose a driving ban (ontzegging van de rijbevoegdheid) of up to two years, and up to four years for a repeat offence within two years.
In most cases it remains a fine by penalty order; the OM guidelines for a motor vehicle start at a few hundred euros, rising in the event of an accident and for repeat offenders. For an accident with serious injury or death where article 6 cannot be proven, the OM takes a higher fine or a community service order with an unconditional driving ban as its starting point. The police may also seize your licence if the behaviour constituted "serious danger to road safety".
Article 5 as the safety net beneath article 6
In an accident with injury or death, the OM almost always charges article 6 WVW as the principal charge and article 5 in the alternative. If the defence that there was no "considerable carelessness" succeeds, a conviction for article 5 often follows anyway — with a much lower penalty, but still with a criminal record entry.
We therefore always defend on two levels: against fault under article 6 and against the danger element under article 5. Each requires a different evidential approach, and it is the combination that determines the outcome.
Which defences are promising?
The first defence is factual: in the concrete situation, was danger or obstruction really possible? Running a red light at a deserted junction at four in the morning is not the same as doing so in rush hour. Courts look at location, time, traffic density and visibility.
We also examine whether the act was classified correctly (a Mulder Act infraction instead of article 5), whether the officer’s observation holds up, whether there was necessity (swerving to avoid another danger) and whether you can rely on absence of all fault — for example in the case of an unforeseeable technical defect.
The consequences beyond the criminal case
A conviction for article 5 is a summary offence and weighs less than an indictable offence, but it is still recorded in your Dutch judicial documentation (criminal record). For a certificate of conduct (VOG) for a job in which driving is central — driver, courier, sales representative — that can count against you.
For repeated dangerous driving the CBR (the Dutch driving-licence authority) can also impose an educational measure on driving behaviour (EMG) or an investigation into your driving skills. That administrative track runs separately from the criminal case and has its own deadlines.
More on traffic offences
Article 5 borders on the deliberate, seriously dangerous driving of article 5a WVW and on the accident through fault of article 6 WVW. The full overview of Dutch traffic criminal law is on our page on traffic offences.
Immediate help if you are accused under article 5 WVW
A penalty order for article 5 looks small, but the record entry and a possible driving ban are not. Call +31 6 20 44 68 60 or use the contact form: we assess the same working day whether an objection or a defence has a real chance. The first phone call is free.
Frequently asked questions
Is article 5 WVW an indictable offence?
No, a summary offence (overtreding). The maximum penalty is six months’ detention or a fine of the third category, plus a driving ban of up to two years. A conviction is nevertheless recorded in your Dutch judicial documentation.
Does there have to have been an accident?
No. Article 5 is already breached if danger or obstruction could have arisen. That nothing happened is therefore not a defence in itself — but it is a defence that in the concrete situation no danger was reasonably to be expected.
What is the difference with articles 5a and 6 WVW?
Article 5a requires intent to seriously breach the traffic rules with danger to life or of serious injury; article 6 requires fault in causing an accident with injury or death. Article 5 requires neither and is therefore the lightest — and most used — catch-all.
Can I lose my driving licence under article 5?
Yes. The court can impose a ban of up to two years (four years for repeat offenders), and the police can seize the licence if your behaviour caused serious danger. In most simple cases it remains a fine.
I received a penalty order for article 5. Do I have to pay?
Paying means acknowledging guilt, with a record entry as a result. You have fourteen days to lodge an objection. We assess whether an objection makes sense — for example because there was no concrete danger or the classification is wrong.
Does a conviction for article 5 go on my criminal record?
Yes, a summary offence is also registered in the Dutch judicial documentation. For jobs in which driving is central it can count against you in a VOG application.