Kernrechtsfrage
Whether Art. 27(2) VRV requires the driving-test examiner to have access to the handbrake for a category D test candidate who already holds a category C licence.
Extrahierter Entscheid
No. The provision is not applicable to such a candidate; the examiner need not have a direct intervention possibility.
Extrahierte Begründung
Although the wording of Art. 27(2) VRV covers learning and test drives, its purpose is to protect inexperienced learners. A category C holder who has driven category C vehicles regularly for at least one year is not a novice and may already drive empty category D vehicles alone under the licensing rules. Systematic and teleological interpretation therefore outweigh the literal wording.