Switzerland attaches great importance to road safety.
To achieve this, it has put in place various regulatory mechanisms, including driver’s license suspension.
Here, we look at the different ways in which a license can be suspended.
Emergency measures (Art. 30 LCR)
According to art.
30 LCR, when road safety is immediately threatened, an emergency suspension can be introduced.
Typically, this concerns situations such as driving under the influence of alcohol or drugs.
But other situations, such as extreme fatigue, can also be the cause.
This measure is provisional and requires further assessment.
Any driver affected may contest the decision in accordance with the terms of the Administrative Procedure Act (AP).
Suspension for serious misconduct
Art.
16b LCR allows for the suspension of a driver’s license in cases of serious misconduct, such as speeding or running a red light.
The exact circumstances and consequences determine the duration of the suspension.
After evaluation, the competent authority sets the duration of the suspension.
This decision may be appealed to the courts.
Suspension for repeated offences
If a driver commits repeated offences, art.
16c LCR provides for suspension.
Its duration depends on the seriousness and number of offences committed.
The decision is taken by the competent body and may be appealed.
Suspension for medical incapacity
Medical inability to drive, whether temporary or permanent, may lead to suspension in accordance with art.
15 LCR.
This may concern visual or mental impairments, or other medical conditions.
A driver can contest this suspension by providing medical evidence or by initiating legal proceedings.
Suspension for administrative reasons
Art.
31 LCR provides for administrative suspension.
This is pronounced by the appropriate administrative body, but an appeal to a court is always open.
Objectives and defense methods
The primary aim of these suspensions is to ensure road safety.
However, Switzerland is also keen to protect the rights of its citizens.
Hence the importance of legal recourse.
All drivers should be aware of their rights, and in the event of suspension, it is advisable to consult legal experts for advice and appropriate assistance.
Switzerland’s road traffic legislation is a perfect example of how to strike a balance between safety and individual rights.