The preventive withdrawal of driving licenses is a specific legal initiative implemented in Switzerland to preserve the safety of roads and their users. This approach is rooted in the belief that driving is a privilege, not an inalienable right. This privilege can be withdrawn if public safety is considered at risk.

Preventive withdrawal differs from other forms of sanctions such as fines or license withdrawals due to specific infractions. It is rather a proactive initiative, put in place before a serious fault occurs. It is based on an assessment of a person’s ability to drive safely at a given time, rather than on a previously committed violation.

This notion is based on the legal foundation defined by Art. 15c al. 1 LCR. According to this clause, the driving license should be withdrawn if the driver is deemed incapable of driving safely. This is a proactive assessment of driving ability, rather than a reaction to a particular offense.

Implementing preventive withdrawal requires a comprehensive evaluation including multiple factors such as mental and physical health, age, driving history, and other important elements. It is not a punitive measure but an initiative aimed at preventing potential future threats, with a focus on protecting society rather than punishing an individual.

Reasons for preventive withdrawal

Preventive withdrawal can be instituted for medical reasons, especially if a driver suffers from a disease or physical condition affecting their ability to drive safely. This includes, but is not limited to, neurological disorders, visual impairments, or any other degenerative diseases that can impact coordination or reaction time. Medical professionals are often involved in evaluating these cases, providing medical evidence that can influence the decision of the competent authority.

Psychological reasons are another valid cause for preventive withdrawal. In cases of mental or psychological disorders, such as schizophrenia or bipolar disorder, which can affect an individual’s judgment or behavior behind the wheel, this can lead to the withdrawal of their license. Issues of alcohol or drug abuse may also be considered in this category. A comprehensive psychological evaluation may be required to determine an individual’s fitness to drive.

Besides medical and psychological reasons, a driver’s behavior on the road can also be a cause for preventive withdrawal. This category includes road behaviors that may signal a threat to road safety, such as recurrent violations of traffic rules, even minor ones, indicating a lack of understanding or respect for road standards. More serious offenses, such as reckless or aggressive driving, can also lead to preventive withdrawal.

Duration of license withdrawal

In many cases, preventive withdrawal is temporary, ranging from a few weeks to several months or years, depending on the severity of the underlying cause. For example, if the withdrawal is triggered by a treatable or manageable illness, the allotted time will likely be set to allow the license holder to undergo treatment or recover.

In cases where health problems or behavioral causes cannot be resolved, the duration of withdrawal may be indefinite. This measure is generally taken after a thorough evaluation by medical professionals and road safety specialists. An indefinite duration is reserved for cases where there is no reasonable expectation of improvement in the driver’s condition or behavior.

The duration is not fixed, and a reevaluation or review is often possible. If the withdrawal is based on medical or psychological problems, regular follow-ups may be scheduled to judge the progress of the treatment or the recovery of the license holder. If significant progress is noted, the duration of the withdrawal may be reduced.

It is important to emphasize that the duration of the preventive withdrawal must always be proportionate and in accordance with Swiss legal principles. Individuals have the right to challenge the decision, including the duration of the withdrawal, in court, and authorities are obliged to consider individual rights and the specific circumstances of each case.

Procedure and legal remedies

The procedure for preventive withdrawal of the driving license in Switzerland starts with an initial evaluation, often conducted by road authorities or the police. This assessment may result from a medical report, evidence of dangerous driving, or other significant factors. If the initial assessment suggests that withdrawal is justified, further investigations may be conducted to gather more evidence, including medical examinations, psychological evaluations, or an analysis of driving history.

Once the evidence is examined, the competent authority may decide to proceed with the license withdrawal. This decision must be justified and clearly communicated to the license holder. The notification of the withdrawal decision, including the reasons and duration of the withdrawal, must be transmitted in writing to the license holder.

In Switzerland, the legislation provides several legal remedies for license holders who wish to contest a decision of preventive withdrawal. In most cases, they have the right to file an administrative objection with the authority that made the decision, generally within 30 days following the notification. If the response to the objection is not satisfactory, the license holder may take the case to an administrative court for judicial review. It is also possible to seek the assistance of a lawyer specialized in road law to assist in these proceedings.

Preventive driving license withdrawal: A proactive measure

Preventive driving license withdrawal is a proactive measure implemented in Switzerland to ensure the safety of road users. While it may seem like a severe action, its main goal is to protect the public by withdrawing the privilege to drive from individuals deemed incapable of doing so safely. By carefully balancing the needs of public safety with individual rights, the system aims to create a safer and more responsible road environment for all.