Safety withdrawal

In Switzerland, a safety ban is a significant administrative or legal measure introduced to safeguard the safety and well-being of all road users.
This involves the suspension or revocation of a person’s right to drive, particularly if he or she represents a substantial danger on the road.
Introduced in response to a pressing need for road safety and the preservation of life, safety withdrawal is orchestrated primarily by the cantonal road traffic authorities, who oversee the granting and revocation of driving licenses.
The courts can also play an important role, especially when dealing with serious traffic offences.

Reasons for safety withdrawal

There are many different reasons why drivers in Switzerland are required to withdraw their safety belts, reflecting the desire to maintain a high level of responsibility and competence among drivers on the roads.
These reasons can be categorized into three main families.

• Serious breaches of the Highway Code: This covers offences which pose a serious and immediate risk to other road users, often requiring swift intervention in the form of license withdrawal.
  Typical offenses include driving under the influence of substances impairing judgment, speeding, ignoring traffic lights, or aggressive driving behavior.
• Medical inability to drive: This category covers situations where drivers are deemed medically unfit to drive safely.
  This can be due to a variety of conditions such as neurological diseases, vision disorders, or mental health problems that compromise the ability to drive safely and responsively.
• Insufficient competence to drive: This category is broader and encompasses situations where a driver demonstrates insufficient competence to drive safely, even in the absence of an obvious traffic offence.
  This may include a lack of adequate training, a lack of understanding of the rules of the road, or a general lack of skill behind the wheel.

Safety withdrawal time

The period of safety withdrawal in Switzerland varies widely, depending on the specific nature and severity of the offence or incapacity in question.
For minor offences, a temporary withdrawal of a few months may be sufficient to prompt the driver to reflect and correct his or her behavior.
However, in more serious situations, such as driving under the influence, the duration of the withdrawal may extend to several years, reflecting the seriousness of the act and the need for a substantial period of rehabilitation.
In the most extreme cases, a permanent withdrawal may be introduced, indicating that the authorities consider the driver to represent a constant danger to road safety.

Procedure and remedies

The safety withdrawal procedure generally begins with a thorough assessment by the cantonal road traffic authorities.
They carry out an in-depth analysis of the circumstances surrounding the offence or incapacity, before making an informed decision on the nature and duration of the withdrawal.
Drivers are informed of this decision in writing, which also specifies the reasons for the withdrawal.

In the event that the driver contests the decision, there are formal avenues of appeal to follow.
A period is usually allowed for the driver to appeal to a judicial body, where a more detailed examination of the case is undertaken, with the opportunity to present additional testimony or evidence to support their case.
This step ensures that the driver’s rights are respected, and that all decisions are taken after a thorough and judicious assessment.