Article 9 WVW: driving during a driving ban or with an invalidated, seized or suspended licence
Anyone who drives while disqualified, or while their licence has been declared invalid, seized or suspended, commits an indictable offence for which Dutch courts impose an unconditional prison sentence as standard. Yet not every case is as simple as it looks: the OM has to prove that you knew — or should have known — that you were not allowed to drive. And that is precisely where things regularly go wrong.
Do not make statements about what you "knew"
The core of article 9 is your knowledge. "I knew I was not allowed to drive, but I had to get to work" is a confession. Rely on your right to remain silent until we have seen the file.
Find out exactly what was decided
A court-imposed ban, a penalty order, an invalidation by the CBR, a suspension or a seizure by the police: each has its own rules about when the prohibition starts and how you had to be informed. We request all the documents.
Keep your post and your address history
Was the CBR decision sent to an old address? Was the judgment actually served on you? Had the ban already started? Evidence of that can make the difference between conviction and acquittal.
Do not drive again
A second offence while a case is pending increases the sentence considerably and makes an unconditional prison sentence virtually unavoidable. However much the licence matters, wait for the outcome.
What does article 9 WVW say?
Article 9 prohibits driving a motor vehicle on the road by anyone who knows or should reasonably know that (paragraph 1) they have been disqualified from driving by a court judgment or penalty order, or (paragraph 2) that their licence has been declared invalid — for example by the CBR or by operation of law after a repeat offence — without a new licence having been issued since. Driving lessons and the driving test as part of a CBR investigation are excepted.
The article also prohibits driving after a demand to surrender the licence or its seizure by the CBR (paragraph 4), during a suspension by the CBR (paragraph 5) and after seizure by the police or retention by the OM (paragraph 7). Paragraph 8 concerns the taking of the licence under the Mulder Act; that is the only variant that is a summary offence.
What is the penalty for article 9 WVW?
Driving during a ban or with an invalidated, seized or suspended licence has been, since 2020, an indictable offence with a maximum of one year’s imprisonment or a fine of the fourth category. The court can also impose a new driving ban of up to five years — ten years for repeat offenders — on top of the existing one.
The national sentencing guidelines are hard: two weeks’ unconditional imprisonment for driving during a ban and likewise two weeks for driving with a licence declared invalid. That starting point applies even to a first offence. For repeat offenders the sentence rises quickly and confiscation of the vehicle is regularly sought. Driving after the licence was taken under the Mulder Act (paragraph 8) is a summary offence with up to two months’ detention.
It turns on "knowing or reasonably having to know"
For a conviction the OM must prove that, at the time of driving, you knew or should reasonably have known that you were not allowed to drive. For a ban that you heard pronounced in court yourself, that is easy. For a CBR decision or a judgment in your absence it is different.
The Supreme Court has set high requirements for this, most recently in September 2024 (ECLI:NL:HR:2024:1110): that the CBR sent a decision both by registered and by ordinary post and that the letter was not returned is in itself insufficient to assume knowledge. The file must show that the decision actually reached you or that you should reasonably have been aware of it. That defence regularly leads to acquittal.
When does a driving ban start?
A ban imposed by the court only starts once the judgment is final and has been served on you, and that can be months after the hearing. Anyone who appeals may in principle continue to drive in the meantime — unless the licence has been seized or the CBR has intervened. A ban by penalty order only starts after service and after the objection period has expired.
The time the licence was already seized is deducted from the ban. That calculation, too, regularly goes wrong. We check the start date, the service and the deduction before mounting a substantive defence.
Which defences are promising?
The knowledge defence comes first: the decision or judgment never reached you, you had moved, service was not properly effected. Then: the ban had not yet started or had already expired; the invalidation concerned a different licence category; the licence had since been returned; you were driving during a lesson or a driving test; or you were not driving "on the road" but on private land.
We also test whether the underlying decision is legally valid at all. If a CBR decision was not properly notified, it did not take effect — and then there is no offence. If the defence fails, we aim for a community service order instead of the standard prison sentence, with your personal circumstances as the basis.
More on your driving licence
Read also about driving under the influence (art. 8 WVW), the most common cause of a driving ban, and our Dutch pages on a seized driving licence and the CBR investigation. The overview is on the page traffic offences.
Immediate help if you are accused under article 9 WVW
Under article 9 the starting point is imprisonment, even for a first offence. Call +31 6 20 44 68 60 or use the contact form; we request the decision, the service documents and the police report and assess the same working day whether the knowledge defence stands a chance. The first phone call is free.
Frequently asked questions
What penalty do I get for driving during a driving ban?
The national starting point is two weeks’ unconditional imprisonment, even for a first offence, with a possible new ban of up to five years. The statutory maximum is one year’s imprisonment.
I did not know my licence had been declared invalid. Is that a defence?
Yes, and a strong one. The OM must prove that you knew or should reasonably have known. According to the Supreme Court, dispatch of the CBR decision alone is insufficient; it must actually have reached you or you should reasonably have been aware of it.
I have appealed against the ban. May I drive?
In principle yes: a ban only starts once the judgment is final and has been served on you. Beware: if your licence has been seized or suspended by the CBR, you may not drive. Ask us to check it for you.
May I take driving lessons during a ban?
Driving during a lesson and during a driving test in a CBR investigation is excepted from the prohibition where the licence has been declared invalid. For a court-imposed ban (paragraph 1) that exception does not apply; consult us first.
Can my car be seized?
For repeated driving during a ban the OM regularly seeks confiscation of the vehicle. That is also possible if the car is registered to someone else, if that person knew what the car was being used for.
Is driving after my licence was taken under the Mulder Act also an indictable offence?
No, that is a summary offence (article 9 paragraph 8 WVW) with up to two months’ detention. All other variants of article 9 are indictable offences.