Ordinary driving license withdrawal
The ordinary driving license withdrawal in Switzerland is an administrative measure aimed at temporarily suspending a person’s driving rights due to an infraction of road traffic legislation. Governed by the Road Traffic Act (LCR), particularly articles 16 to 16e, ordinary driving license withdrawal is defined as the suspension of driving rights for a determined period. Unlike license cancellation, which is permanent, withdrawal is temporary, and driving rights can be reinstated once the period has passed and conditions met.
This withdrawal is an administrative sanction, not intended to punish the driver but to protect public safety by removing driving rights from those who have demonstrated a disregard for their obligations. The process typically begins with a police report documenting the infraction, followed by an assessment and initial decision by the competent authority. The driver is informed of the sanction and has the opportunity to contest it before an administrative court. If upheld after appeal, the withdrawal is executed.
The legality, proportionality, and adherence to procedural rights are crucial in implementing this measure. It must be based on explicit legal grounds, appropriate to the infraction, and executed in accordance with administrative law principles, including the right to be heard.
Cases for ordinary withdrawal
Grave infractions, such as drunk driving (Art. 91 LCR), dangerous driving (Art. 90 sec. 2 LCR), and failure to observe signals (Art. 90 sec. 1 LCR) can lead to license withdrawal. Duration depends on factors like infraction severity and the driver’s history.
Minor infractions, like moderate speeding, can also lead to withdrawal if repeated, indicating persistent disregard for road rules. Withdrawal may also be ordered for reasons other than specific driving offenses, like medical fitness concerns (Art. 15 LCR), with the goal of ensuring public safety.
Duration of ordinary withdrawal
The duration of ordinary driving license withdrawal in Switzerland is determined based on several factors, per Article 16c of the Road Traffic Act (LCR). It generally ranges from a few months to several years, depending on infraction severity.
Key in determining duration is the infraction’s nature, with severe speeding leading to harsher consequences than minor offenses. Recidivism is another important factor; repeat offenders may face longer withdrawals. Driver history, including past infractions and relevance to the current offense, is also considered. Finally, specific mitigating or aggravating circumstances, like substance influence, endangerment, or cooperation with authorities, can influence duration.
Reinstatement of the driving license may be conditioned on meeting specific measures, ensuring the driver has acknowledged and is fit to assume their responsibilities. Article 15 LCR allows authorities to demand driving fitness assessments in case of doubt. These may include medical, psychological, or practical driving tests, aiming to ensure safe driving capability.
Additionally, Article 16e LCR allows for additional training, like road safety awareness courses, designed to help drivers understand their responsibilities and develop safer driving skills.
In Switzerland, ordinary driving license withdrawal isn’t a unilateral, final decision; it offers recourse channels respecting fair trial principles. Disagreeing drivers can contest the withdrawal before an administrative court, as per Article 16d LCR. This appeals process enables judicial review, ensuring the withdrawal is lawfully and justly executed. The appeal possibility strengthens confidence in the justice system and ensures individual rights protection even within an administrative measure for public safety.