Written by Melanie Schulpen, attorney at Arslan Advocaten (criminal law and administrative law). Registered in the specialisation register of the Netherlands Bar (Nederlandse orde van advocaten) for criminal law (including juvenile criminal law) and administrative law.
Nederlands: Lees dit artikel in het Nederlands: CBR verklaart uw rijbewijs ongeldig: bezwaar, onderzoek en spoed
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Has the CBR declared your driving licence invalid? Check immediately which decision you have received, from when it applies and which time limit applies for a response or an objection. You can usually lodge an objection against a final decision within six weeks. With a provisional assessment result, a much shorter time limit for a second assessment may apply first. Do not drive while your driving licence is invalid or another measure prohibits it.
A decision by the CBR, the Dutch driving test and fitness-to-drive authority, can have a far-reaching effect on your work, informal care duties and daily life. Even so, merely stating that you need your driving licence is usually not enough to challenge the decision. The objection must address the legal reason for the decision and the quality of the assessment.
This article deals with the administrative law route at the CBR. If the police have confiscated your driving licence, criminal proceedings may also be pending. The two tracks must be carefully kept apart.
The CBR and criminal law: two separate tracks
After a traffic incident, the Public Prosecution Service may take action because of a criminal offence. At the same time, the CBR may assess whether an investigation or measure is necessary for road safety. One procedure does not replace the other.
Getting your driving licence back from the Public Prosecution Service therefore does not automatically mean that you may drive again if a CBR measure applies. Conversely, a favourable CBR decision does not automatically lift a driving ban imposed under criminal law. Check the current status in both tracks.
If you have several letters, sort them by sender and date. For each letter, note what is decided and which next step is mentioned. For the other route, also read about a driving licence confiscated after an arrest.
Why can the CBR declare a driving licence invalid?
There can be various reasons. An assessment may lead to the conclusion that you do not meet the requirements for fitness to drive or driving ability. Failing to cooperate with an imposed assessment or measure can also have consequences.
Therefore read the reasoning and the statutory basis cited. Does the decision concern alcohol or drug use, a medical condition, driving behaviour or failure to meet an obligation? The relevant evidence differs per subject.
An objection to a medical conclusion should not, for example, deal solely with a payment problem. With a decision based on failure to cooperate, what matters is precisely which obligation was imposed, whether the invitation was clear and why, according to the CBR, cooperation was lacking.
Fitness to drive is different from driving ability
Fitness to drive concerns the physical and mental conditions for driving safely. Driving ability relates to knowledge and practical skills. The assessments and assessment criteria are therefore not interchangeable.
There are also different routes within medical assessments. An assessment following a Health Declaration (Gezondheidsverklaring) is not the same as an investigation following a notification by the police. The CBR explains the latter route on its page about the notification procedure.
If anything is unclear, ask which track you are in. This prevents you from relying on information about a different procedure, for example about a re-examination when your letter offers a second assessment with its own conditions.
Provisional result or final decision?
This distinction is essential for keeping track of your time limits. After certain assessments, you first receive a provisional result. It may state how to request a second assessment. That is a different step from an objection against a final decision.
For an assessment relating to alcohol or drugs, the CBR states a time limit of two weeks after receipt of the provisional result to request a second assessment. You can also ask for a final result and lodge an objection against it. See the CBR’s explanation of the result of an alcohol or drugs assessment.
So do not automatically wait six weeks because you have read somewhere that this is the objection period. Read the actual letter, note the date of receipt and, if necessary, have it assessed straight away which choice is appropriate. Leaving a provisional result unanswered can cause an available assessment option to be lost.
When can a second assessment be useful?
A second assessment may deserve attention if there is a substantive reason to have the first assessment re-examined. Think of ambiguities in the medical information or questions about how the conclusion was reached.
Discuss in advance what the second assessment can add. It is not automatically the best choice, nor is it a guarantee of a more favourable outcome. Costs, time limits and the relationship with a later objection must all be taken into account.
Moreover, an expert you engage yourself is not necessarily the same as the formal second assessment within the CBR procedure. State clearly which track you mean. For each option, ask which assessment question will be answered and how the result can be used in your procedure.
Request the full assessment report
The decision letter often contains only a summary. For a substantive review, you need the report on which the CBR bases its decision, including relevant annexes. Also ask about the instructions given and the available information provided to the assessor.
First check the factual information: identity, dates, medication, medical history and the account of the interview. Next comes the question whether the conclusion follows logically from the findings. An error in a detail is not always decisive, but it may be significant for the reasoning.
Make an overview of your comments with a reference to the relevant passage. Explain what you believe is incorrect and which information should replace it. A general denial of the entire report makes it harder to assess a specific defect.
Alcohol or drugs assessment: focus on the medical reasoning
In an unfavourable assessment, various data may play a role, such as statements, examination findings and laboratory results. Their significance must be considered as a whole. A favourable individual result does not automatically mean that the entire conclusion is wrong.
If you have comments on the recorded amount or frequency of use, state precisely what was said during the interview and why you believe the account is inaccurate. Where possible, support this with existing data. Do not try to adjust a statement afterwards to fit a desired outcome.
Do not change medication or treatment on your own initiative for the sake of a procedure. Discuss health questions with your treating practitioner. For the legal dispute, what mainly matters is whether the available medical data were used carefully and comprehensibly and whether the applicable standard was correctly applied.
Another medical cause for an unfavourable decision
A CBR assessment may also relate to other health problems. In that case, the specific condition, its course and the relevant requirements for the driving licence are important. The central government explains when fitness to drive and medical examinations come into play.
Ask your treating practitioner for factual information that clarifies the point in dispute, if that information is needed. Think of the current situation, treatment or an incorrectly recorded medical history. A short statement that, according to the doctor, you should be able to drive does not necessarily answer all the statutory assessment questions.
Also check which driving licence categories are involved. The requirements may differ. A dispute about one category need not automatically have the same significance for every other category, but this must be assessed on the basis of the specific decision.
Did not attend or did not pay: a different ground for objection
If the decision is based on failure to cooperate with an assessment or course, gather the invitations, payment information and correspondence. What did you have to do, when did it have to be done and what consequences had been announced?
If there was a specific obstacle, such as a hospital admission or a demonstrable problem with the appointment, explain it in good time and with documents. Ask what remedy is available. Do not assume that a missed appointment will automatically be rescheduled.
An objection does not automatically suspend obligations. Therefore keep close track of which instructions and payment deadlines still apply. If you are unable to make a payment, discuss the options before the deadline expires and ask for written confirmation of any arrangements.
Objecting to a final CBR decision
With a final decision, the objection period is usually six weeks. Follow the instructions in the decision letter. State your details, the reference number and date of the decision, why you disagree with it and which change you are requesting.
If the assessment report is still missing, do not let the time limit expire. You can lodge an objection in time and ask for an opportunity to supplement the grounds after inspecting the file. Keep the proof of sending or confirmation of receipt.
A strong objection addresses the essential reason for the decision. In a medical matter, that may be the care taken in the report or its comprehensibility. With failure to cooperate, it may concern an incorrect factual assumption or an inadequately assessed explanation for missing an obligation.
Substantiating your interest in keeping your driving licence
The fact that you need your driving licence for work or care is relevant to understanding your situation. Make this concrete. Which work will fall away, which alternatives have been explored and from when will you suffer loss?
A statement from your employer can help if it describes factually why driving is necessary. For informal care, appointments and journeys may be relevant. A general letter saying that the driving licence is important makes the consequences less clear.
Your personal interest does not override the requirements of road safety. In some decisions, the scope for weighing interests is limited. Therefore always address both sides: the legal defect you are alleging and the practical consequences that make a temporary solution urgent.
May you drive while the objection is pending?
Lodging an objection does not automatically make an invalid driving licence valid. The same applies to sending new medical information or requesting an assessment. Check which measure is in force at that time.
Do not drive if you are not entitled to do so. That can cause new criminal law and insurance problems. A physical driving licence card in your wallet is no proof that all restrictions have been lifted.
If a favourable decision is made, read which follow-up steps are required. Sometimes a new driving licence must be applied for or conditions apply. Also check whether a separate criminal law measure is still in effect. If in doubt, ask for explicit clarity before you start driving again.
Interim relief: a temporary decision in urgent cases
If waiting for the outcome of the objection has serious consequences, a request to the judge hearing applications for interim relief may be considered. Interim relief (voorlopige voorziening) is intended for a temporary decision during pending administrative proceedings.
You must substantiate the urgency and explain why the contested decision is legally problematic. Merely citing loss of income is usually not enough to set aside the substantive safety assessment. The judge examines the file and the interests involved.
Formulate carefully what you are asking for. A suspension of a particular decision does not in every situation mean that all obstacles to driving have disappeared. Have the significance of any ruling for your current entitlement to drive checked.
What should you bring for a review?
| Document | Why this helps |
|---|---|
| All CBR letters in date order | Shows which decisions are final and which time limits are running. |
| Assessment report with annexes | Needed to check the facts, method and conclusion in a targeted way. |
| Correspondence about appointments and payments | Important in the case of a decision based on failure to cooperate. |
| Relevant medical information | Can clarify a specific incorrect or incomplete element. |
| Letters from the police or Public Prosecution Service | Prevents confusion between administrative and criminal law restrictions. |
| Evidence of work or care duties | Makes the practical consequences and any urgency clear. |
Add a short timeline. Also state what you have already applied for and which responses are still expected. This can prevent a new step being taken that does not fit in with an existing procedure or a time limit that is running.
Fictional example: an incorrectly recorded medical history
A driver receives an unfavourable assessment result. The report states that he has undergone a particular treatment, whereas the medical correspondence describes a different situation. He needs his driving licence every day for his work.
The first step is to check the distinction between a provisional result and a final decision. Next, it is examined whether the factual error is relevant to the conclusion and which medical explanation can clarify this. His work interest is documented separately for a possible urgent application.
This fictional example shows why a review of the file is necessary. An error does not automatically mean that the outcome will change. The question is whether the CBR was entitled to reach its decision on the basis of a carefully and correctly established set of facts.
After an unfounded objection or a new assessment
If the CBR maintains its decision, an appeal to the district court may be possible. The decision on the objection states the time limit and the competent court. Appeal proceedings require targeted criticism of the decision and of the CBR’s response to your earlier arguments.
A later improvement in your health or a new assessment result may also be relevant to a future application. That is not necessarily the same as evidence that the earlier decision was wrong. Make clear to which date the new information relates.
Keep the two goals apart: correcting an incorrect decision and obtaining a new assessment for the future. Discuss which route best fits your circumstances and which steps are required for it.
A factual correction is not a change to the medical opinion
When reading a report, you may find errors in names, dates or the description of a treatment. Identify such points specifically and ask for correction through the appropriate route. Where possible, enclose the original document.
Disagreement with the conclusion is a different matter. An assessor does not have to change a professional opinion merely because you disagree with it. That requires substantive reasoning that calls into question the data or reasoning used.
Keep these two types of comments separate in your response. This makes clear which facts can be corrected and about which medical assessment there is a genuine difference of opinion. Both may be relevant, but they do not require the same substantiation.
Frequently asked questions about an invalid driving licence
Do I always have six weeks to respond?
No. For an objection against a final decision the period is usually six weeks, but a provisional result may contain a shorter time limit for a second assessment. Therefore read the full letter straight away and note when you received it.
Is a second assessment the same as an objection?
No. A second assessment is an investigative step within a particular procedure. An objection is directed against a final decision. Both options have their own conditions and time limits; discuss which step fits the content of your file.
Do I get my driving licence back if the Public Prosecution Service returns it?
Also check the CBR status. A separate suspension or declaration of invalidity may still prevent you from driving. Both the criminal law track and the CBR track must be checked.
Does a letter from my employer help?
A specific statement can substantiate the consequences for your work and the urgency. It does not replace a substantive defence against the reason for the CBR decision. Therefore also describe which legal or factual problem you see in the decision.
Can I lodge an objection without a lawyer?
You can, but the combination of medical reports, different procedures and short time limits can be complicated. In any event, have it assessed in good time which letter you have received and which documents are needed to support your arguments.
How do I submit my case to Arslan Advocaten?
Send the decision letter, available reports and a short timeline via an agreed channel. Also state whether a criminal case is pending and which time limit is stated in the letter. You can start via contact and read more about administrative law proceedings.
Read also
Certificate of conduct (VOG) refused as a taxi driver: driver card and continuous screening
Engaging a medical expert in a UWV case: when does an expert assessment help?
Benefit stopped and no income during the objection: interim relief against the UWV
