Traffic fine with a company car: who pays?
The fine is in the company’s name, but the employee was driving. Who has to pay, and what may you recharge as an employer?
For a minor traffic offence with a company car, the Dutch CJIB does not send the notice to the driver but to the registered keeper. That is the principle of registered-keeper liability under the Dutch Mulder Act (WAHV). For a car in the company’s name that is the employer; for a lease car it is the lease company, which passes the fine on to its customer.
The company pays first
The registered keeper is responsible for paying within the deadline, even when it is clear who was driving. The CJIB does not ask who the driver was and does not wait for it either. Pay late and surcharges follow. So it is wise to pay the fine first and settle it internally afterwards.
May you recharge the fine to the employee?
Not automatically. Under established Dutch case law an employer can only recover a traffic fine from an employee in the case of intent or deliberate recklessness, or when clear agreements were made in advance, for example in the employment contract or a car policy. Minor speeding offences do not fall under that without an agreement. So record in writing which fines are for the employee’s account and how you collect them.
How to arrange it properly
- Car policy – describe which fines are recharged, within what period and in what way.
- Identify the driver – link the fine to the driver who was driving at the time, based on your planning or trip records.
- Send a payment request – with the original notice attached, so the employee sees what they are paying for. That is more transparent than a salary deduction.
- Keep a case file – when was the employee informed, did they read the message and when did they pay?
Lease car or rental car
With a lease car the lease company is the registered keeper. It pays or passes the fine on to the customer, often with an administration fee on top. That means the fine reaches you later and the deadline is shorter. For a rental of a few months or less the rental company can have the fine transferred to the renter.
How Fleetfines helps
Fleetfines imports the notice automatically, links it to the right driver and sends a payment request by email and SMS. The driver pays online via Mollie, and the log shows exactly when the message was opened and paid. The fine does not linger and you never have to deduct anything from pay.
This article is general information, not legal advice. Check the current rules with the CJIB, the Dutch government or your adviser.
Frequently asked questions
Does the company have to pay the fine if the employee was driving?
Yes. The CJIB sends the notice to the registered keeper and expects payment within the deadline, regardless of who was driving. Internally you can recharge the fine afterwards if there are agreements about it.
May an employer deduct a traffic fine from salary?
Only under conditions: there must be clear agreements, it may not touch the statutory minimum wage and for minor offences recharging without an agreement is not a given. A separate payment request is more transparent.
Can the company transfer the fine to the driver?
For a Mulder notice in principle not; the registered keeper remains liable. For rentals the rental company can, under conditions, have the fine transferred to the renter.
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