Obligation to insure motor vehicles

Constitutional and administrative law / Law dealing with traffic offences

Obligation to insure motor vehicles

Evaluation of the ‘Mulderization’ of Section 30, paragraph 2 of the WAM (full text only available in Dutch)


Driving without insurance can result in victims receiving no compensation for damages in the event of an accident. That is why driving a motor vehicle without insurance is an offence under Section 30 of the Civil Liability Insurance (Motor Vehicles) Act (Wet Aansprakelijkheidsverzekering Motorrijtuigen, hereinafter ‘WAM’). Moreover, paragraph 2 of Section 30 of the WAM states that the party in whose name the vehicle is registered must have taken out an insurance policy for the motor vehicle listed in the vehicle registration system in that name; in other words, this is regardless of whether the vehicle is actually being driven. The current study focuses on the enforcement of this obligation to insure. Up to 1 July 2011, the obligation to insure was enforced using criminal prosecutions; since that date, the obligation to insure has been enforced in line with the Administrative Enforcement of Traffic Regulations Act (Wet administratiefrechtelijke handhaving verkeersvoorschriften, hereinafter ‘WAHV’). As the WAHV is also known as the Mulder Act, this change is also termed the ‘Mulderization of the WAM’. The current study is an evaluation of this Mulderization.

Publication data

Goedvolk, M., Jongebreur, W., Reitsma, J.
Significant, WODC
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Significant APE
Parijsboulevard 209d
3541 CS Utrecht