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IBKI objections policy
Effective date: 01-06-2025
How to file an objection
IBKI carries out its activities PTI and WRM (statutory duty) with the greatest care in accordance with established procedures, work instructions and associated forms and protocols.
Decisions made by IBKI are based on the applicable laws and regulations as well as IBKI's examination regulations.
Despite our care, it may happen that you do not agree with a decision by IBKI. In that case, you can file an objection with the Objections Committee.
How to make an objection:
You can object by submitting a notice of objection to the Objections Committee.
You have a maximum of 6 weeks to submit an objection after IBKI's decision has been announced to you. If you submit an objection too late, it will not be handled and your objection will be declared 'inadmissible'.
A notice of objection is a well-founded and signed letter (or e-mail) in which you state why you disagree with IBKI's decision. Make sure that you include the following information in your notice of objection:
Your name, address and place of residence.
The date.
The decision with which you disagree (describe the decision, mentioning the date, the event and also the reference).
The reason why you disagree with the decision.
The decision you think IBKI should make.
A copy of the decision to which you object. If so, there can be no ambiguity as to which decision you are objecting to.
You can send the notice of objection via [email protected] or by post to:
IBKI
t.a.v. Bezwarencommissie
Postbus 2360
3430 DV Nieuwegein
You will receive an acknowledgement of receipt of your objection. The Objections Committee will then take the following steps:
The Objections Committee assesses whether your objection meets the statutory requirements (General Administrative Law Act).
The Objections Committee asks IBKI to respond to your objection (response to objection).
The Objections Committee plans a hearing to which both you as the objector and IBKI will be invited.
After the hearing, the Objections Committee will issue a written recommendation and report on the main points of the hearing.
IBKI will make a decision on your objection on the basis of the advice given.
IBKI's decision on your objection will be sent to you, together with the opinion of the Objections Committee and the report of the hearing.
There are also situations in which the objector is not heard, such as:
The objection is apparently inadmissible.
The objection is apparently unfounded.
The person concerned does not declare (within a reasonable term set by the Objections Committee) that he or she wishes to exercise the right to be heard, or the objection is fully met.
The chairman and members of the Objections Committee are people who have no connection with IBKI.
Establishment Decision 'Stichting VAM Objections Advisory Committee', regarding decisions of Stichting VAM
The Board of Stichting VAM (Training Institute for the Motor Vehicle, Two-Wheeler, and Related Sectors), having regard to Article 7:13 of the General Administrative Law Act (Awb), hereby adopts the aforementioned establishment decision:
Article 1. Definitions
For the purposes of this decision, the following definitions apply:
Awb: General Administrative Law Act (*Algemene wet bestuursrecht*);
interested party: an interested party as referred to in Article 1:2 of the Awb;
decision: a decision as referred to in Article 1:3 of the Awb;
administrative authority: an administrative authority as referred to in Article 1:1 of the Awb;
the objector: the person who has lodged a notice of objection against a decision of Stichting VAM acting as an administrative authority, and whose interest is directly affected by that decision;
the committee: the Stichting VAM Objections Advisory Committee handling an individual objection;
the director: the non-statutory director of Stichting VAM;
mandatary/mandataries: mandatary/mandataries within the meaning of the Stichting VAM Mandate Decision;
the administrative authority: Stichting VAM;
secretary: administrative secretary of the committee;
duty of verification: the obligation of the administrative authority to verify whether the committee's advice was reached with due care and whether the advice is conclusive;
chair: the chair of the committee.
Article 2. Committee
The committee advises the administrative body, or its mandatary or mandataries, regarding decisions on objections filed against decisions made by or on behalf of Stichting VAM pursuant to:
the Motor Vehicle Driving Instruction Act 1993 (*Wet rijonderricht motorrijtuigen 1993*) and/or underlying regulations;
the Regulation on recognition and inspection authority for periodic technical inspections (APK) and the Regulation on conditions for participation in the examination for inspectors of light and heavy (commercial) vehicles and agricultural vehicles;
the Plant Protection Products and Biocides Act (*Wet gewasbeschermingsmiddelen en biociden*) and/or underlying regulations;
the Tachograph Regulation;
the Vehicle Modification Regulation.
The committee carries out its duties in accordance with the provisions of the General Administrative Law Act (*Awb*), the relevant legislation and regulations referred to in paragraph 1, and this decision.
The members of the committee perform their duties without instructions or consultation with their appointing authority.
The administrative body appoints the members of the committee upon the proposal of the director. The members are suspended and dismissed by the administrative body.
The director shall submit a proposal for filling a vacancy within three months of such a vacancy arising.
The chair of the committee must:
not be employed under the responsibility of the administrative body;
possess sufficient knowledge of and affinity with the legislation to be addressed;
have experience in chairing hearings;
submit a certificate of good conduct.
The other members of the committee must:
not be employed under the responsibility of the administrative body;
possess expertise in the relevant field;
submit a certificate of good conduct.
Article 3: Exceptions
The committee is authorized to advise solely on decisions taken by the administrative body pursuant to the legislation and regulations set out in Article 2, paragraph 1.
The committee is not authorized to advise on notices of objection involving the assessment of the knowledge and/or skills of a candidate who has been examined or otherwise tested in the relevant subject matter.
Article 4: Composition
The committee consists of at least three members.
The members of the committee are:
a chairperson, who is a legal professional;
a member with expertise in examination within the relevant field;
a member with knowledge of and practical experience in the relevant field.
the committee is assisted by a secretary, who is not a member of the committee.
a deputy may be appointed for each member of the committee.
Article 5: Term of office
The members of the committee are appointed for a period of five years. Upon the expiry of this period, they may be reappointed once for the same duration.
Committee members may resign in writing at any time.
The administrative body may dismiss a committee member—other than at the member's own request—if that member no longer enjoys the confidence of the administrative body and, for that reason, the administrative body can no longer rely on the advice of the committee in which the member participates, given the duty incumbent upon the administrative body to verify the facts (duty of due inquiry).
Article 6: Obligations
Any person involved in the performance of the committee's task who gains access to data known—or reasonably suspected—to be confidential is obliged to maintain the confidentiality of such data.
Paragraph 1 also applies to persons engaged by the committee to assist in the performance of its task.
Committee members shall not participate in the preparation of the decision regarding the notice of objection if they have a direct or indirect personal interest in the matter that could compromise their impartiality.
Confidential documents sent to committee members for the performance of their duties must be returned to the secretary after use. The secretary shall ensure the destruction of these documents.
The committee secretary shall, in accordance with the General Administrative Law Act (Awb), timely transmit the documents relating to the case to the objector and/or their authorized representative.
Article 7: Procedural defect
If the requirements of Article 6:5 of the General Administrative Law Act (Awb) or any other statutory requirement for processing the objection have not been met, the objector shall be given the opportunity to remedy this defect within a time limit set by the administrative body. If the notice of objection states that it has been submitted on behalf of, or jointly on behalf of, another person, and no written authorization from that person has been submitted, the administrative body shall draw the objector's attention to this omission and give them the opportunity to remedy it within a specified time limit.
If the time limit referred to in the first and second paragraphs is exceeded, the administrative body may declare the objection inadmissible. Before declaring a notice of objection inadmissible, the administrative body shall submit the notice to the committee in accordance with Article 7:13, paragraph 4, of the General Administrative Law Act (Awb).
The second paragraph does not apply insofar as the authorized representative is registered as a lawyer.
Article 8: Exceeding the time limit for submitting an objection
The administrative body shall give the person submitting a notice of objection—where said notice was submitted after the statutory time limit had expired—the opportunity to present their views regarding the failure to meet the deadline. The administrative body shall determine the time limit within which these views regarding the failure must be presented.
If, based on the views presented in a timely manner, it can reasonably be concluded that the person submitting the notice of objection failed to meet the deadline, or if the time limit referred to in the first paragraph has been exceeded, the administrative body may declare the objection inadmissible. Before declaring a notice of objection inadmissible, the administrative body shall submit the notice to the committee in accordance with Article 7:13, paragraph 4, of the General Administrative Law Act (Awb).
Article 9: Additional grounds for objection
If the submitter requests an extension to supplement the grounds for the objection, they shall be granted the opportunity to do so. The time limit for supplementing the grounds shall be determined by the administrative authority.
If the time limit referred to in the first paragraph is exceeded, the administrative authority may base its decision on the objection as it stands at that moment. The administrative authority shall forward this objection to the committee.
Article 10: Receipt of notice of objection
The administrative authority shall record the date of receipt on the notice of objection. Provided the notice of objection is complete and complies with the General Administrative Law Act (Awb), the administrative authority shall forward it, together with the accompanying documents, to the committee.
The administrative authority is obliged to submit to the committee all documents relating to the notice of objection.
Article 11: Examination of notice of objection
In preparation for the handling of the notice of objection, the committee is authorized to obtain any desired information directly or to have the secretary obtain it.
Insofar as the information referred to in the first paragraph is obtained from the administrative authority, the administrative authority shall provide it to the committee.
The committee is authorized to seek external advice if this is necessary for the performance of its duties. The committee shall proceed to do so after establishing that such information cannot be provided by the administrative authority.
The committee shall decide on the application of Article 7:4, paragraph 6 of the Awb and Article 7:5, paragraph 2 of the Awb, as well as on the authority to refrain from hearing interested parties as referred to in Article 7:3 of the Awb.
The chair of the committee shall notify the objector and the authorized representative of the administrative body if they decide to dispense with the hearing referred to in the fourth paragraph of this article.
Article 12: Invitation to the hearing
The secretary shall provide the objector and the administrative body with the opportunity, in writing and at least fourteen days prior to the hearing, to be heard during the hearing.
The chair of the committee is authorized to permit a deviation from the time limit referred to in the first paragraph.
Article 13: Hearing
The hearings shall be held at the offices of Innovam in Nieuwegein. The committee shall determine the time of the hearing, at which the objector and the authorized representative of the administrative body are given the opportunity to be heard by the committee.
The chair of the committee is authorized, in consultation with the administrative body and the objector and notwithstanding the preceding paragraph, to have the hearing take place at a different location or via a digital connection if there are compelling reasons to do so.
Any person wishing to speak on behalf of the objector at the hearing must submit a written authorization signed by the interested party, unless they are registered as a lawyer.
The decision to conduct separate hearings in the cases referred to in Article 7:6, paragraph 2, of the General Administrative Law Act (Awb) shall be taken by the chair of the committee. The chair shall also decide whether, in exercising the authority granted under Article 7:6, paragraph 4, of the Awb, the application of the third paragraph is to be dispensed with.
The secretary shall facilitate the committee during the hearing and oversee the objection process. The secretary is responsible for recording the proceedings of the hearing.
Article 14: Hearing and right of reply
The committee invites the objector (or their authorized representative) and a representative of the administrative body to the hearing.
During the hearing—following a brief explanation of the objection procedure—the chairperson gives the objector and/or their authorized representative the opportunity to explain their positions (or grounds for objection) orally. This opportunity is subsequently offered to the representative of the administrative body. During the hearing, the parties are given the opportunity, through the chairperson, to respond to each other's positions.
Article 15: Hearing report
The report of the hearing, as referred to in Article 7:7 of the General Administrative Law Act (Awb), lists the names of those present.
The report contains a brief summary of the statements made by the parties and of other events that occurred during the hearing.
If it was decided to hold the hearing—in whole or in part—behind closed doors, or if the objectors (or their authorized representatives) were not heard in each other's presence, the report notes this fact.
The report refers to the documents submitted during the hearing. These documents are attached to the report.
Article 16: Deliberation and advice on the notice of objection
Following the hearing, the committee members who conducted the hearing deliberate behind closed doors regarding the advice to be issued to the administrative body.
The committee decides on the advice to be issued to the administrative body by a majority of votes. The chairperson of the committee has the casting vote in the event of a tie.
The committee’s advice is substantiated and includes a proposal to the administrative body regarding the decision to be taken on the notice of objection. The recommendation shall be signed by or on behalf of the chair of the committee.
Article 17: Postponement
If the decision on the objection cannot be made within the applicable statutory time limit, the administrative body may postpone the decision to be taken, in accordance with the provisions of Article 7:10 of the General Administrative Law Act (Awb).
Article 18: Issuance of the recommendation
The committee’s recommendation regarding the decision to be taken on the objection shall be submitted in writing to the administrative body and shall include a report of the hearing.
If, in the opinion of the chair of the committee, the time limit set in the Awb for handling the notice of objection is insufficient for the committee to issue its recommendation and for the administrative body to make a decision, he or she shall request the administrative body to postpone the decision in good time.
The administrative body shall send a copy of the decision to postpone to the committee.
Article 19: Decision on the notice of objection
The administrative body shall send a copy of its decision on the notice of objection to the committee.
The administrative body shall enclose the committee’s recommendation with the decision on the objection when sending it to the interested party.
If the decision on the notice of objection deviates from the committee’s recommendation, the decision shall state the reasons for such deviation.
Article 20: Reporting
At the request of the administrative body, the committee shall submit a (yearly) written report on its activities.
In consultation with the committee, the administrative body may lay down further rules regarding the form and frequency of the report referred to in the first paragraph of this article. Article 21: Amendment or revocation of the decision
Before a decision is taken to amend or revoke the present establishment decision, the administrative body shall seek the advice of the committee.
The committee is required to issue an opinion, or to state that no opinion will be given, within one month of the request referred to in the first paragraph.
Article 22: Committee remuneration
The members of the committee shall receive remuneration for their activities, to be determined by the administrative body.
Article 23: Final provision
In all cases not provided for in the present establishment decision, the administrative body shall make a decision after the committee has advised on the matter.
Article 24: Repeal and entry into force
The ‘Establishment Decision "WRM Advisory Committee on Objections 2023", concerning decisions by Stichting VAM (IBKI) pursuant to the Motor Vehicle Driving Instruction Act 1993 and underlying regulations’ dated 30 June 2023, as well as the ‘Establishment Decision "APK Advisory Committee on Objections 2023", concerning decisions by Stichting VAM (IBKI) pursuant to the "Regulation on APK Recognition and Inspection Authority"’ dated 30 June 2023, are repealed. These decisions are repealed as of the date on which the present decision enters into force.
The ‘Establishment Decision Stichting VAM Advisory Committee on Objections, concerning decisions by Stichting VAM’ enters into force following adoption by the Board and with effect from 1 June 2025. The present decision shall be published on the relevant websites of the administrative body.
The complaints policy has been translated from the Dutch original. No rights can be derived from this translation.