Preventive withdrawal

As part of the Swiss legislative framework designed to guarantee road safety, the concept of preventive withdrawal of a driver’s license is a proactive measure.
This approach, which is part of the legal framework set out in art.
15c al. 1 LCR, emphasizes that the right to drive is a privilege that can be revoked, with the aim of preserving general safety.
This initiative is distinct from conventional sanctions such as fines or licence withdrawals for specific offences.
It intervenes before a serious offence occurs, by assessing the driver’s ability to drive safely.

Reasons for preventive withdrawal

Preventive withdrawal is often motivated by medical reasons, encompassing physical and neurological illnesses, or any other condition that could potentially impair a person’s driving skills.
In this context, medical advice is crucial in assessing an individual’s ability to drive safely.
Psychological reasons are another reason for preventive withdrawal.
In cases where an individual is suffering from a mental or psychological disorder, a comprehensive assessment is undertaken to determine the impact of these conditions on his or her ability to drive.
Furthermore, inappropriate driving behaviour, indicating ignorance or disregard for road safety standards, may also justify such a measure.

Withdrawal period

The duration of preventive withdrawal varies widely, from a few weeks to several months or even years, depending on the specific circumstances of each case.
In situations where withdrawal is due to a treatable or manageable illness, a period is allowed to allow for adequate treatment or rehabilitation.
In more serious cases, withdrawal may be indefinite, particularly if no improvement in the driver’s condition is anticipated.
It should be noted that individuals have the right to request a reassessment, and that the duration of the withdrawal must be justified and proportionate, in line with the principle of legality.

Procedure and remedies

The procedure initiated for preventive withdrawal begins with an initial assessment by the road or police authorities, based on elements such as medical reports or evidence of reckless driving.
Following this assessment, further investigations may be carried out to consolidate the evidence.
If the assessment determines that the withdrawal is justified, the competent authority then proceeds with this measure, clearly informing the license holder of the reasons and duration of the withdrawal.

In Switzerland, drivers have well-defined means of appeal against a decision to withdraw their license.
In the first instance, they can lodge an administrative objection with the responsible authority.
In the event of dissatisfaction, it is possible to apply to an administrative court for judicial review.
The assistance of a lawyer specializing in traffic law can prove invaluable in these proceedings.

Preventive withdrawal of driver’s license: a proactive strategy

The preventive withdrawal of driving licenses in Switzerland is a proactive strategy aimed at promoting road safety.
Although this measure may appear strict, it is essentially aimed at preventing risks and protecting the public from potential dangers.
By balancing the needs of public safety and individual rights, this initiative aims to establish a culture of responsibility and safety on Swiss roads.