Hello everyone,

First, I would like to apologize for my message in English - my Dutch knowledge (writing) being not so good.

This is an event that happened one month ago. I was driving home late night (3 AM) during the weekend from Breda to Rotterdam. I took the exit S109 (Pr Alexander - Hillegersberg). Then drove via Terbregseweg. On that road, and closer to my destination, I put a bit of gas on a straight way without any cars or junctions, crossings, .. I noticed a car quite far behind me on the Terbregseweg before the traffic light then slowed down. Surprise.. a police car was following me from behind. They stopped me and took my drivers licence saying that I was driving too fast. They claim having followed me for 3 kms (so from the highway I assume? Have not noticed them there). They took my licence on the spot and gave me a document stating that my licence has been taken with 110 km/h speed and distance 450 meters.

After my "rijbewijs was ingevorderd", I scrolled through this forum for days and tried to understand how to solve the situation. I sent a "verzoek om terrugave rijbewijs" during the 10 days that the CVOM had my licence, explaining I need it for my work of international account manager. Luckily, I received my drivers licence back early March. Just an OM zitting pending in mid-April and I assume an expensive fine to expect. Thank you to all because your posts helped me to get that licence back.

I thought this was a positive outcome and it was finished. However, recently a receive a letter from the CBR couple of days ago. They say that I was driving 102 km/h gecorrigeerd binnen de bebouwde kom - where 50 km/h is allowed. I am a beginner driver (driving 50.000 km / year) as I have my licence since last year and this is my first speed offence. So as you know, normally in this case, I should go to an (expensive) EMG course normally. But as I do not speak Dutch good enough (they don't say why or how in the letter), it was decided that I have to go through a "rijvaardigheidsonderzoek"!! For those who know, this is much worse than an EMG course as you risk losing your licence because you have to redo both theoretical and practical exams. It is for people involved in deadly accidents, drugs and alcohol driving with a big amount, .. Quite unfair isn't it? So now, to get out of this situation, I would like to see if I can bargain on the PV from the plice with the speed as they measured a speed excess of 52 km/h. I am not sure anymore about my speed at that time and have my doubts about how the agents measured it.. My questions are:

- How can I ask for the documents and the PV? I heard about WOB verzoek and Art30 but I am not sure what to send and where.. letter examples would be greatly appreciated..
- Would it be possible to introduce a complaint to the CBR in order to have the EMG instead of the onderzoek? Knowing that my Dutch knowledge is B2 - Upper Intermediate. I am from Belgium and studied Flemish/Dutch for about 8+ years. I live in The Netherlands since 2015. I understand everything but still cannot express so well myself in Dutch. My apologies, I know I should work on this.
- What are your recommendations for the OM zitting?

Many thanks for your support and enjoy your weekend.

To start: With a beginnersrijbewijs it doesn't matter how much time you spend on the road; it wil stay a beginnersrijbewijs for 5 years. In this 5 years you shoud not "earn" more than 2 points.

When do you "earn"points?:
* dangerous driving
* cause an accident with serious injury
* tailgating with speed over 80 km/u
* speeding (motorway vmax + 40, other vmax = 30 km/u)
* you do not properly comply with the traffic rules, resulting in a collision with physical injury or material

Number 4 is bingo for 1 point. Did you "earned" an extra point in the priod you have your license? Otherwise I think that you received the extra point for one of the other reasons (tailgating? Ovr 40 on the motorway and over 30 in Rotterdam).
Start with artikel 30 but I think that, because you are in de molen by CBR, you have a big problem

Nope. 50+ within city bounds (Bebouwde kom) you will get also an EMG.

perheps i have missread it, but do you live here? Did you sign in here? Do you have a dutch licence?

edit: Sorry, mistook rijvaardigheidsonderzoek for EMG

Welles!

Ja voor de puntentelling, maar ik bedoelde de emg.. My bad

Also 2 months revoked license cause of that, not just the "onderzoek"........ sorry for the bad news

Hello,

Thank you all for your quick replies. Some clarifications:



This rijvaardigheidsonderzoek decision is not about two points being removed. In my case, just one point was revoked. In fact, the CBR's letter mentions the following sentence: "Volgens de regelgeving moet u dan een cursus over verantwoord rijgedrag volgen. Maar u spreek niet goed genoeg Nederlands om de cursus te kunnen volgen. In dat geval moet u een rijvaardigheidsonderzoek doen.". As surprising as it might seems, the language knowledge might decide of the faith as much as a deadly accident or high abuse of drugs and alcohol.. it's in the law: Art15 c (https://wetten.overheid.nl/jci1.3:c:BWB ... 2018-05-01
).

Would you by any chance have an example of letter for Art30 or a link? A WOB verzoek is not necessary then?



Yes I live here since 2015 and passed my driving exam in The Netherlands thus have a dutch licence. I passed my exam in English, maybe that is why they believe I do not speak fluent Dutch..

So correct me if I am wrong, but to avoid this onderzoek which is much worse than an EMG cursus, I should first check the PV from the police (via Art30)? Then if it all looks correct, argue on the language knowledge with CBR?

Maareh... Hoe goed beheers je onze prachtige taal eigenlijk?

Verstaan, eigenlijk goed. Maar om te praten, beetje moeilijker.

Zie dit onderwerp voor de brieven.

strafrecht-zaken-strafbeschikking/stappen-te-nemen-bij-49-te-hard-en-staandehouding-t96654.html#p4641860

Bedankt! I shall send both letters.