Council of State questions higher traffic fines
The advisory body says it has not been sufficiently substantiated why traffic fines should rise again in 2027.
The Council of State advises the cabinet to reconsider the planned increase in traffic fines. According to the advice, it has not been made clear why the increase is necessary, proportionate and appropriate.
The advice concerns a draft order under which administrative traffic fines will be indexed again in 2027. The increase is based on the development of the consumer price index. The Advisory Division of the Council of State published its advice on Monday, after the draft order was submitted in July.
The Council of State objects to the reasoning, not to the principle that rates can be adjusted. According to the advice, administrative traffic fines are now relatively high compared with fines imposed through the criminal justice system. In earlier documents, the government acknowledged that there is an imbalance between the two systems.
The scale of that development is addressed in the evaluation of the Administrative Enforcement of Traffic Regulations Act, known as the Wet Mulder. According to the Council of State, administrative traffic fines have risen by more than 220 per cent since 1994, while the consumer price index increased by about 70 per cent over the same period. According to the evaluation, the general level of these fines is around 30 per cent higher than that of comparable criminal fines.
According to the advice, the government has indicated that no financial provision has been found within the Justice and Security budget to correct the existing imbalance. The Council of State does not consider this a reason to forgo adjusting the system of fines. According to the advice, budget revenues should not determine in advance how high sanctions are.
According to the Council of State, the purpose of traffic fines is to punish blameworthy behaviour and promote road safety. An increase must therefore be demonstrably connected to those aims. The advice describes forgoing indexation as an obvious first step towards reducing the imbalance.
As an example of the consequences of the draft order, NOS reported that the fine for running a red light would rise from €320 to €330 under the plans. The precise amount depends on the offence and the corresponding tariff table. The current amounts for minor traffic offences are listed in the Public Prosecution Service's Boetebase.
The Council of State's advice is not binding. The cabinet can amend the draft, maintain the increase with a more extensive explanation, or decide not to index the fines. The advice therefore does not mean that existing fines will automatically be reduced or repaid. The central question now is whether traffic fines are primarily a means of promoting road safety, or whether they are also a structural source of revenue for the government.
One story, several perspectives
What is established
- The Council of State advises amending the draft order for the indexation of traffic fines in 2027.
- The advisory body points to a difference between administrative and criminal fines.
- According to the advice, the cabinet has acknowledged that an imbalance exists and that financial provision for correcting it is lacking.
- The advice is not binding.
Left
Arguments Traffic fines should remain proportionate and should not primarily be used to close budget deficits. People with little financial room are hit relatively hard by high fixed fines.
Values Equality, social justice and trust in government.
Consequences Not indexing fines or introducing income-related sanctions could reduce pressure on vulnerable households, but would require a different approach to enforcement.
Centre
Arguments Fines should promote road safety and be legally defensible. An independent evaluation of both fine systems could determine which rates are appropriate, without pursuing abrupt policy changes.
Values Proportionality, practicability and institutional diligence.
Consequences A review could reduce the imbalance, but would take time and could temporarily result in lower revenues.
Right
Arguments Traffic offences put others at risk and should therefore have tangible consequences. The cabinet must be able to finance road safety and enforcement without every increase being treated as a tax measure.
Values Personal responsibility, order and protecting others on the road.
Consequences High and predictable fines can deter people, but lose public support if they are no longer proportionate to the offence.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
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The core of the article is based directly on the current advice of the Council of State and is supplemented by NOS and official information about the fines procedure. No unverified central claims have been included.
- confirmed The Council of State published advice on 21 September 2026 concerning the planned increase in traffic fines for 2027. — The publication date and subject are stated on the Council of State's website. source
- confirmed The Council of State considers it insufficiently justified why the increase is necessary, proportionate and appropriate. — This is stated in the summary and the full advice. source
- confirmed Administrative traffic fines have risen by more than 220 per cent since 1994, compared with roughly 70 per cent inflation. — The figures are mentioned in the Council of State's advice. source
- confirmed The fine for running a red light would rise from €320 to €330 under the plans. — NOS cites these amounts as an example in relation to the draft. source
- confirmed The Council of State's advice is not binding. — NOS states that the cabinet is ultimately not required to adopt the advice. source
- confirmed Minor traffic offences fall under the Wet Mulder and are collected by the CJIB. — This procedure is explained by the Public Prosecution Service. source
Editor's note
It is certain that the Council of State issued critical advice on 21 September 2026 concerning the planned indexation for 2027. The precise final rates and the cabinet's response were not yet known at the time of publication.Sources
- Advies over verhoging verkeersboetes 2027 — Raad van State
- Raad van State tegen kabinet: heroverweeg verhoging verkeersboetes — NOS
- Verkeersboete — Openbaar Ministerie
- Kamerbrief met reactie op motie over indexeren verkeersboetes — Rijksoverheid