Withdrawal of Ordinary Permit

Having a driver’s license is vital to the mobility of many Swiss citizens.
Withdrawal of an ordinary driver’s license functions as a crucial regulatory tool in the control of driving behavior.
In this article, we analyze this process in the Swiss legal context.

The Essence of Ordinary Licence Withdrawal

In Switzerland, ordinary license revocation is an administrative action used to temporarily suspend a person’s right to drive due to a violation of road traffic regulations.
It is governed by articles 16 to 16e of the Road Traffic Act (LCR).

It is characterized by the suspension of the right to drive for a predefined period, as opposed to the cancellation of the license, which is a permanent measure.
The right to drive can be restored once the suspension period has elapsed and the established criteria have been met.

The legal aspect of ordinary licence withdrawal is administrative.
It is initiated by the competent authorities, not to punish the individual, but to guarantee public safety by suspending the driving rights of those who have failed to comply with established standards.

The process usually begins with a police report noting the offence.
Next, the competent body studies the case, assesses the fault, and issues an initial verdict regarding suspension.
The driver is then notified of the sanction, and has the right to appeal the decision to an administrative court.
If, after appeal, the decision is confirmed, the suspension is implemented.

It is imperative that this measure be carried out with due respect for the law, proportionality and procedural rights, including the right to be heard.

Circumstances of Ordinary Withdrawal

Serious offences, such as drink-driving, high-risk driving and disobeying traffic signs, can result in suspension of the driver’s license.
The length of the suspension is influenced by various factors, such as the seriousness of the offence and the driver’s history.

Minor violations, such as moderate speeding, can also lead to suspension, especially if repeated, indicating a continuing lack of respect for traffic regulations.

In some cases, suspension is justified for reasons other than specific traffic offences, such as concerns about medical fitness to drive.
Here too, the main aim is to ensure that only those individuals fit to drive responsibly are allowed to do so.

Duration of the Ordinary Withdrawal

The duration of an ordinary licence withdrawal is stipulated in article 16c of the Road Traffic Act, and often varies from a few months to several years, depending on the seriousness of the offence.

An important factor in determining the duration is the nature of the offence itself.
A serious speeding offence, for example, could result in a more severe suspension than a minor offence.
Recidivism is also a determining factor; a series of similar offences in a short space of time can result in a prolonged suspension.

The driver’s history is also taken into consideration, including any previous offences and their relevance to the current violation.
This allows each case to be treated on an individual basis, recognizing that past actions may indicate the driver’s future level of responsibility.

In addition, the duration may be affected by mitigating or aggravating circumstances specific to the case, such as driving under the influence of substances, endangering others, or cooperating with the authorities, thus ensuring that the suspension reflects both the offence and the context in which it was committed.

Conditions for the Restoration of Rights

Reinstatement of the driver’s license may be subject to compliance with certain conditions, thus ensuring that the driver is fully aware of his or her obligations and is prepared to honor them.

Article 15 of the LCR gives the authorities the power to require an assessment of fitness to drive if there is any doubt about a person’s ability to drive safely.
This may include medical or psychological examinations, or practical driving assessments, thus ensuring that the individual is fit to drive safely.

In addition, under article 16e of the LCR, additional training may be required, such as a road safety awareness course.
These courses are designed to help drivers understand their responsibilities, identify potential hazards on the road, and develop safer driving skills.

Avenues of appeal

In Switzerland, license suspension is not a final, unilateral decision; it offers means of appeal that respect the principles of the right to a fair trial.
In the event of disagreement with the suspension decision, the driver has the right to challenge it before an administrative court, as provided for in article 16d of the LCR.
This appeal process provides a judicial review where the case is reviewed by an impartial judge, ensuring that the final decision is fair and equitable.

Conclusion

Switzerland’s ordinary licence withdrawal system functions as a vital regulatory mechanism, ensuring that the roads remain safe for all users.
By introducing a series of corrective and educational measures, it aims to foster a culture of responsible and respectful driving.
Through judicious implementation of this measure, Switzerland continues to enjoy a safe and functional road network, where the right to drive is a shared responsibility between authorities and drivers.