The Federal Council “lightens” the withdrawal of the license
The process of handing over a driver’s license to the police will be speeded up and made clearer, and professional drivers will be able to drive if they are guilty of a minor offence
At its meeting on 21 April 202, the Federal Council of the Swiss Confederation decided to speed up the process following the withdrawal of a driving licence by the police.
In addition, professional drivers will be allowed to drive for work purposes during the period of suspension of their licence.
This kicks off the consultation, scheduled from April 21, 2021 until August 11, 2021, on the draft implementation of the motions forwarded by Parliament 17.4317 “Fairer procedures in road traffic” and 17.3520 “No double penalties for drivers”.
The proposed implementation of Caroni Motion 17.4317 “Fairer Procedures in Road Traffic” seeks to expedite the paperwork related to the withdrawal of a driver’s license by the police and grant greater rights to those affected at the stage of preventive revocation.
Verordnungsentwurf VZV
Verordnungsentwurf SKV
Erläutender Bericht
Orientierungsschreiben an Kantone
Orientierungsschreiben an Organisationen
Much faster and more transparent procedures
In future, the competent authority will have 10 working days from the time of withdrawal of the licence to decide whether to suspend it preventively; if it is unable to do so within the stipulated time, for example pending the results of toxicological blood tests, it will have to return the document to the holder and will only be able to proceed when it has sufficient evidence to seriously doubt the holder’s fitness to drive.
Once the preventive revocation has been ordered, at the request of the licence holder, the cantonal authority will have to reassess the measure every three months.
In future, the competent authority will only be able to guarantee the anonymity of private individuals who report doubts about another person’s fitness to drive if they can justify an interest to be protected and request anonymity.
Projet OAC
Projet OCCR
Rapport
Lettre aux cantons
Lettre aux organisations
No double penalties for drivers
In future, the cantonal authorities must be able to authorise professional drivers to drive in the course of their work even during the period of revocation, but only in cases of minor offences and if their licence has not been suspended more than once in the previous five years.
This is because the professional category in question often risks not only their licence but also their job, hence the proposal to limit the risk so that the administrative measure has comparable consequences for all, as called for in motion 17.3520 Graf-Litscher “No double penalties for drivers”.
The proposed amendments require adjustments to the Ordinances on Admission to Traffic (OAC) and Traffic Control (OCCS). The consultation begins on 21.04.2021 and ends on 11.08.2021.
Progetto OAC
Progetto OCCS
Rapporto esplicativo
Lettera ai cantoni
Lettera alle organizzazioni
