General terms and provisions applicable to the performance of tests and approvals by the RDW (Department of Road Transport).

1.Definitons


1.1 Applicant: interested party, a natural person or legal entity filing an application.

1.2 Application: a request from an interested party to the RDW for a decision on a request for issue of a test report or an approval.

1.3 Confirmation of application: description of the application and the working arrangements made in that respect.

1.4. Tests: the process in which on request a product is tested for the statutorily prescribed technical requirements and testing methods for the issue of a test report.

1.5 Approvals: the process in which based on the available test reports or type-approval certificates it is veri- fied whether a product complies with the statutory requirements for giving the requested approval.

1.6. Approval: certificate containing a decision from the RDW that a product complies with the statutory requirements for allowance and use.

1.7 RDW: Department of Road Transport, as meant in Section 4a of the Road Traffic Act (Dutch ‘Wegenverkeerswet’).


2. Applicability



2.1 This document applies to requests sent to the Vehicle Admission & Surveillance department within the Vehicle Technology division of the RDW, insofar as they are made for a periodic approval, an individual approval or a type approval. The objective of this document is to summarise the most important provisions of the ‘Regulation on rates Department of Road Transport’ (Dutch ‘Regeling tarieven Dienst Wegverkeer’) of the RDW, with an explanation from other Dutch legislation and the RDW policy.

2.2 Derogations from the working method described in this summary are only valid if agreed on explicitly and in writing.


3. Making an applicattion



3.1 An application must be made in writing to the RDW using an application form. If the data provided are incomplete, the RDW may decide not to deal with the application.

3.2 If the application is dealt with then the RDW will confirm this to the applicant by way of an application confirmation. In this application confirmation the RDW will specify the work and give a price indication and the planned start date. All other relevant agreements which are made in the scope of this agreement will also be specified.

4. Performance & safety


4.1 The application and payment take place in a manner to be determined by the RDW.

4.2 If the agreements made in the application confirmation have to be changed before or during the handling of the application then RDW will consult with the applicant as soon as possible. The further agreements made are considered as a supplement to the application confirmation.

4.3 In the event that the handling of the application is carried out at the applicant’s location he is responsible for a clean and safe working area.

4.4 The guideline for the safety standard is the Dutch Working Conditions Act (Arbeidsomstandighedenwet).

4.5 If in the RDW’s opinion the safety of its employee is at stake it will cease the work immediately.

4.6 Handling of an application will be suspended in the event of force majeure including illness of staff, business interruptions, government measures, weather conditions meaning that work cannot be carried out, etc.

4.7 The rules for liability with regard to tests carried out at the applicant’s are the same as those for tests carried out at the RDW site.


5.Rates and payement


5.1 The rates are listed in euros, exempt of VAT and likewise exclusive of local withholding tax. The rates are set according to the rates approved by the Dutch Ministry of Infrastructure and the Environment applicable at the time when the work is carried out by the RDW. These rates are published by the Department of Road Transport in the ‘Regulation of Rates Department of Road Transport’ (Dutch ‘Regeling tarieven Dienst Wegverkeer’).

5.2 For applications where a price indication was given and for which a higher rate was set for the services thereafter and where the test report is provided within two months after this date, the rates prior to the change will be charged.

5.3 If it is necessary to carry out more activities for the handling of an application than agreed on in the first instance and/or the applicant supplements his application, the extra or additional work will be charged. This also applies for reapprovals which are necessary because during the first approval it became apparent that the statutory provisions were not complied with.

5.4 If at the applicant’s request work is carried out between 6 p.m. and 7 a.m., a surcharge will be charged based on the hourly rate. This also applies for work carried out at the weekend and/or on national holidays. This surcharge is 50% of the hourly rate.

5.6 If the applicant for an approval does not turn up at the time and place agreed on with the RDW, or does not offer a fully prepared vehicle for inspection, meaning that the approval cannot be carried out, then a maximum amount of the rate set for the requested approval will be charged.

5.7 Upon termination of the handling of an application caused by the applicant, all costs and/or obligations already entered into by the RDW will be charged to the applicant.

5.8 The applicant will remit payment in euros within 30 days of the invoice date.

5.9 Payment takes place without deduction and/or set-off and without the applicant being able to block his payment obligations by attachment or otherwise.

5.10 Invoiced amounts must be disputed in writing within a term of 21 days.

5.11 In the event that the payment term is exceeded for whatever reason the applicant owes the statutory interest without prior notice of default as well as all judicial and extrajudicial collection costs that were required in RDW’s opinion. Also in that case an agreed discount for the amount to which the invoice refers will lapse.

5.12 The RDW is entitled at all times to request full or partial security for the payment and/or advance payment from the applicant. Failure to furnish the requested security and/or advance payment will mean that RDW is entitled not to deal with (or continue dealing with) the application. This does not affect the applicant’s obligation to make full payment.

5.13 If the applicant is in payment arrears, is declared bankrupt, is granted moratorium of payments or is wound up, or an application to that end is made or filed, RDW’s obligation to continue dealing with the application ends and the amount for the work already carried out is due on demand.

5.15 In accordance with legislation a test report or certificate provided by the RDW is only valid once the full payment has been received in accordance with the RDW’s invoice.


6. Cancellation of the application


6.1 On cancellation by the applicant at least 30 days before the date referred to in the order confirmation for performance of the work, no fee will be charged notwithstanding the provisions in 6.2.

On cancellation by the applicant between 2 and 30 days before the agreed date of performance for the work, 50% of the rate will be owed notwithstanding the provisions of 6.2.

On cancellation by the applicant less than 2 days before the agreed date of performance of the work, the full fee will be owed.

6.2 On cancellation as referred to in 6.1, all costs in all cases incurred by the RDW up until that time will be payable by the applicant.

7. Goods of apllicant


7.1 Unless otherwise agreed if reasonably possible RDW will keep the goods, including samples, made available in relation to the handling of the application to RDW or the remainder thereof, for two weeks after the date on which the results of the investigation are reported to the applicant. Any related costs are included in the price indication. If within this time period the applicant has not arranged for sending back the said goods, the RDW will be free to take suitable measures. Any costs incurred, including costs caused by longer safekeeping are payable by the applicant.


8. Confidentiality


A confidentiality obligation as set forth in Section 2.5 of the General Administrative Law Act (Dutch ‘Algemene wet bestuursrecht’) applies for the RDW for data of the applicant, of which the RDW becomes aware in the scope of his application. Making visual recordings (for example film, photo, webcam, mobile telephone and suchlike) with any kind of equipment, even with prior consent is forbidden for this reason at an RDW location.


This confidentiality obligation does not apply however for:

  • data already in the possession of the RDW at the time that the data was reported to the RDW;
  • data which was already general knowledge or became general knowledge without this being caused by any negligence by the RDW;
  • data lawfully obtained by the RDW from a third party or through its own findings, without using the confidential data in any way;
  • data which the RDW must disclose due to statutory obligations.