Withdrawal of ordinary license

In the Swiss road landscape, the driver’s license is a fundamental element in the mobility of individuals.
The ordinary suspension of a driver’s license, an essential regulatory instrument, plays a crucial role in managing driver behavior.
Let’s take a closer look at this mechanism within the Swiss legal framework.

Definition and scope of ordinary driving licence suspension

In Switzerland, ordinary license suspension is an administrative measure that temporarily revokes an individual’s driving privileges for transgressing traffic laws.
It is governed by articles 16 to 16e of the Road Traffic Act (LCR).

This measure differs from license cancellation, which is permanent in nature, in that it is of limited duration.
Driving rights can be restored once the suspension period has elapsed and the stipulated conditions have been met.

The legal basis for this suspension is primarily administrative.
It is implemented by the competent authorities with the aim of preserving public safety by suspending the licenses of individuals who have infringed the rules in force.

The procedure generally begins with a police report documenting the offence.
The relevant authority then examines the file, assesses the offence and issues an initial resolution regarding suspension.
The driver is then informed of the sanction, and has the right to appeal the decision to an administrative tribunal.
If the decision is upheld after the appeal, the suspension is applied.

It is crucial that this is done in compliance with the law, observing the principle of proportionality and ensuring respect for procedural rights, including the right to a fair defence.

Background to ordinary driving suspensions

Serious offences such as driving under the influence, speeding or failure to obey traffic signs can result in a license suspension.
The length of the suspension is determined by a number of factors, including the seriousness of the offence and the driver’s history of traffic offences.

Less serious violations, such as moderate speeding, can also lead to suspension, especially if repeated, demonstrating a consistent disregard for the rules of the road.

In some cases, suspension may be for reasons other than specific traffic offences, such as concerns about medical fitness to drive.
In these cases, the main objective remains to ensure that only individuals who are capable of driving safely are allowed to do so.

Duration of ordinary driver’s license suspensions

Article 16c of the Road Traffic Act stipulates the duration of suspensions, which can vary from a few months to several years, depending on the seriousness of the offence.

An essential element in determining the duration is the nature of the offence itself.
Significant speeding, for example, may result in a longer suspension than a minor offence.
Repetition of similar offences in a short space of time can also result in an extended suspension.

The driver’s history is also examined, including any previous offences and their relevance to the current one.
This allows each case to be approached individually, considering that past actions may indicate the driver’s future responsibility on the road.

In addition, the duration can be influenced by mitigating or aggravating circumstances specific to the case, such as driving under the influence of substances, endangering other individuals, or cooperating with law enforcement, thus ensuring that the suspension reflects both the offence and the context in which it took place.

Conditions for the Restitution of Rights

The return of a driver’s license may be conditional on compliance with certain obligations, thus ensuring that the driver has understood his or her responsibilities and is ready to assume them.

Article 15 of the LCR authorizes the authorities to require an assessment of fitness to drive if there are doubts about an individual’s ability to drive safely.
This assessment may include medical or psychological examinations, or practical driving tests, to ensure that the person is fit to drive safely.

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

Legal recourse

In Switzerland, the suspension of a driver’s license is not a final sentence; it does offer options for appeal that respect the principles of a fair trial.
In the event of disagreement with the suspension decision, the driver has the right to contest it before an administrative tribunal, as stipulated in article 16d of the LCR.
This appeal process enables a judicial review where the case is assessed by an impartial judge, ensuring that the final decision is justified and balanced.

Switzerland’s ordinary license suspension mechanism functions as an important regulatory strategy, ensuring that traffic lanes remain safe for all users.
By promoting corrective and educational measures, it aims to encourage responsible and conscientious driving.
Through judicious implementation of this measure, Switzerland maintains a safe and operational road network, where the right to drive is seen as a mutual responsibility between authorities and drivers.