Driving Licence Suspension: Procedure and Appeals

Nature

An administrative measure separate from criminal sanctions, pronounced by the cantonal motor vehicle department. May coexist with criminal penalties (ATF 137 I 363).

Types

Warning Suspension (art. 16 et seq. SVG)

Minor (art. 16a SVG): warning or one month. Moderately serious (art. 16b SVG): at least one month (four months for repeat within two years). Serious (art. 16c SVG): at least three months (six months for repeat within five years, twelve months for second repeat, at least two years or indefinite after two serious offences).

Safety Suspension (art. 16d SVG)

Indefinite duration when fitness to drive is compromised (alcohol/drug dependency, physical/mental illness). Licence restored only upon favourable medical/psychological assessment.

Procedure

Police report to cantonal motor vehicle department. Driver invited to comment in writing (right to be heard, art. 29 para. 2 FC). Formal decision issued with duration, conditions and appeal information. Licence must be physically surrendered. Driving during suspension is a criminal offence (art. 95 para. 1 let. b SVG): up to three years imprisonment or monetary penalty.

Appeals

Cantonal administrative court within 30 days. Appeal generally has no suspensive effect (art. 106 para. 2 SVG) - suspension is immediately enforceable. Suspensive effect may be requested but granted only with good prospects. Federal Supreme Court thereafter (art. 82 et seq. FSCA).

Alternatives

Road safety courses for first-time moderately serious offences may reduce suspension. Alcohol interlock programmes available in some cantons for alcohol-related offences.