Ordinary driving license withdrawal

A driver’s license is an essential element of mobility in Switzerland. As a disciplinary measure, ordinary license revocation plays a vital role in regulating driving. This article examines ordinary license revocation in the Swiss legal context.

Ordinary licence withdrawal

In Switzerland, the ordinary withdrawal of a driver’s license is an administrative measure aimed at temporarily suspending a person’s right to drive due to an infringement of road traffic legislation. It is governed by the Road Traffic Act (LCR), in particular articles 16 to 16e.

An ordinary licence withdrawal is defined as the suspension of the right to drive for a specified period. Unlike license cancellation, which is permanent, the withdrawal is temporary, and the right to drive can be reinstated once the period has elapsed and the conditions have been met.

The legal nature of an ordinary licence withdrawal is that of an administrative sanction. It is a measure taken by the competent administrative authority, not to punish the driver, but to protect public safety by withdrawing the right to drive from those who have demonstrated a breach of their obligations.

The withdrawal procedure generally begins with a police report documenting the infringement. The competent authority then examines the case, assesses the infringement, and takes an initial decision on the withdrawal. The driver is then informed of the penalty, and has the opportunity to contest it before an administrative court. If the decision is upheld after appeal, the withdrawal is enforced.

Legality, proportionality and respect for procedural rights are essential in implementing this measure. Withdrawal must have an explicit legal basis, be appropriate to the offence committed, and be implemented in accordance with the principles of administrative law, including the right to be heard.

Ordinary withdrawal

Serious offences, such as drink-driving (art. 91 LCR), dangerous driving (art. 90 al. 2 LCR), and failure to obey signals (art. 90 al. 1 LCR) may result in a withdrawal of the driver’s license. The length of the withdrawal in these cases will depend on various factors, such as the seriousness of the offence and the driver’s previous record.

Minor offences, such as moderate speeding, can also result in a withdrawal if repeated. Repeat offences may indicate a persistent disregard for the rules of the road, and justify a withdrawal even if each individual offence is relatively minor.

In some cases, withdrawal may be ordered for reasons other than specific driving offences, such as concerns about medical fitness to drive (art. 15 LCR). In such cases, the aim is always to protect public safety by ensuring that only those who are fit to drive responsibly are allowed to do so.

Duration of ordinary withdrawal

The duration of an ordinary licence withdrawal in Switzerland is determined by a number of factors, in accordance with Article 16c of the Road Traffic Act (RTA). It generally varies from a few months to several years, depending on the seriousness of the offence.

A key element in determining the duration is the nature of the offence itself. For example, a speeding offence considered serious will have a more severe consequence than a minor offence. Recidivism is another important factor; a driver who has committed several similar offences in a relatively short space of time may be subject to a longer penalty.

The driver’s history is also taken into account, including the presence of previous offences and their relevance to the current offence. This reflects the legislator’s concern to treat each case on an individual basis, and to recognize that past behavior may be indicative of the driver’s future liability.

Finally, the duration may be influenced by mitigating or aggravating circumstances specific to the case, such as driving under the influence of substances, endangering others, or cooperation with the authorities. Taking these factors into account ensures that the duration of the withdrawal reflects not only the offence itself, but also the context in which it was committed.

Reinstatement conditions

Reinstatement of the driver’s license may be conditional on compliance with these specific measures, ensuring that the driver is fully aware of his or her responsibilities and able to assume them.

Article 15 of the Swiss Road Traffic Act allows the authorities to require an assessment of a person’s fitness to drive if there is any doubt about his or her ability to drive safely. This may include medical or psychological tests, or even practical driving tests. The aim of these assessments is to ensure that the driver is physically and mentally fit to drive safely. They may be required after serious offences, such as driving under the influence of substances, or if the authorities have reason to believe that the driver’s health may have been compromised.

In addition, article 16e LCR provides for the possibility of imposing additional training, such as a road safety awareness course. These measures are designed to help drivers understand their responsibilities, recognize potential dangers on the road, and develop safer driving skills.

Avenues of appeal

In Switzerland, the withdrawal of an ordinary driver’s license is not a unilateral and final decision; it is subject to appeal in accordance with the principles of the right to a fair trial. If a driver disagrees with the withdrawal decision, he or she can contest it before an administrative court, in accordance with article 16d of the LCR. This appeal process enables a judicial review in which the case is examined independently. The legal implications of this process are significant, as they ensure that the withdrawal of the license is carried out in accordance with the law and the principles of justice. The possibility of appeal also reinforces confidence in the justice system and ensures that individual rights are protected even in the context of an administrative measure aimed at public safety.