Subdistrict court ruled in favor of the municipality of Utrecht regarding “Hoogland fine”

A man from Grootschermer was rightly fined for running into the Utrecht environmental zone in 2015. That has been determined by the subdistrict court judge. The man had lent his old diesel car to Telegraaf columnist Rob Hoogland, who wanted to expose the validity of the environmental zone. However, the subdistrict court judge declares that it is not competent to judge the content of the environmental zone.

“Utrecht not authorized to set the environmental zone”

The convicted man indicated at the hearing that the municipality of Utrecht was not authorized to establish an environmental zone. He also argued that this was contrary to international regulations. The administrative court rules on government decisions. The establishment of an environmental zone is a decision of the Utrecht council of mayor and aldermen. The administrative judge of this court has, after there as a profession was decided in January this year that the environmental zone may remain. The appeal the case is still pending in the Council of State.

Kantongerecht chooses easy way

When assessing this case, the subdistrict court judge must assume the validity of the decision to set the environmental zone. The subdistrict court judge can only judge whether or not the fine was correctly imposed. That was justified in this case, because the driver did not dispute that he had entered the environmental zone. The fact that the subdistrict court judge used the "not competent" argument says a lot. In particular, it says that Lady Justice has chosen a very easy way in decision-making, without consulting competent authorities.

Other environmental sun fine was reversed in July 2016

In July, the subdistrict court reversed a fine in another matter, in connection with the observation that the signposting for the environmental zone mainly created uncertainty. This argument apparently did not apply to the established violation committed by Rob Hoogland. Hoogland has since responded via social media. He indicates that "the judge is diving" and adds to appeal.