Two-month driving licence withdrawal upheld for loss of vehicle control

ATA/707/1996Court of Justice / Administrative ChamberNov 26, 1996Confirmed

Extracted by Omnilex

Omnilex summary

The tribunal upheld a two-month driving licence withdrawal imposed after the driver lost control of the vehicle at the beginning of an overtaking manoeuvre. It held that this conduct amounted to a fault relevant to road safety and justified the measure under the road traffic rules.

Omnilex headnote

LCR 34 al. 3; driving behaviour during an overtaking manoeuvre and loss of vehicle control may justify a licence withdrawal where the fault adversely affects traffic safety. The measure is upheld if the conduct reveals insufficient diligence and a concrete risk to road safety, even at the initial stage of the manoeuvre (consid. not stated).

Full text

Descripteurs

CIRCULATION ROUTIERE; ACCIDENT; AA; MAITRISE DU VEHICULE; DEPASSEMENT(CIRCULATION); RETRAIT DE PERMIS; DUREE; FAUTE; DILIGENCE; SECURITE DE LA CIRCULATION; ASSURANCE SOCIALE; LCR

Normes

LCR.34 al.3

Résumé

Le TA a confirmé un retrait du permis de deux mois pour perte de maîtrise du véhicule en phase initiale de dépassement.

Keywords

road trafficovertakingloss of controldriving licence withdrawaltraffic safetyfaultdiligence

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the two-month driving licence withdrawal for loss of control during the initial phase of overtaking should be upheld.

Extracted holding

The withdrawal was upheld.

Extracted reasoning

The loss of control while beginning an overtaking manoeuvre constituted a traffic-safety-relevant fault justifying a two-month licence withdrawal under the applicable road traffic rules.

Two-month driving licence withdrawal upheld for loss of vehicle controlAI generated