Questão jurídica principal
Whether careless opening of a car door by the driver constitutes a traffic-rule violation under Article 16(2) SVG allowing a license withdrawal.
Decisão extraída
Yes. A person who opens the door of a just-parked vehicle still acts as the vehicle driver and may be subjected to administrative measures if he fails to exercise due care.
Fundamentação extraída
The court followed Federal Supreme Court case law holding that the driver retains duties beyond active driving, including when exiting and opening the door of the parked vehicle. Article 21(1) VRV specifically requires that other road users not be endangered, especially by checking traffic from behind.