Questão jurídica principal
Whether the one-year waiting period under Art. 15a(5) SVG starts with the traffic offense or with the annulment decision
Decisão extraída
The period began with the annulment decision in this case because the authority had not provisionally withdrawn the licence and had left it in place until the administrative proceedings ended.
Fundamentação extraída
Although Art. 15a(5) SVG links the minimum one-year period to the offense, the Court held that where the authority does not provisionally withdraw the licence and instead lets the driver continue driving until the final administrative decision, it is not objectionable to start the period from the annulment decision. The decisive point is whether the driver was already prevented from driving and traffic safety secured.