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Security withdrawal based on psychiatric diagnosis

ATA/140/1996Court of Justice / Administrative ChamberMar 12, 1996Confirmed

Open source

Extracted by Omnilex

Omnilex summary

The decision concerns a security-based withdrawal of a driving licence ordered because of a psychiatric disorder. The only identifiable legal basis is Art. 14 LCR. On the available information, the withdrawal was upheld and no further details about the procedural history, parties, or reasoning are provided.

Omnilex headnote

Art. 14 LCR; security withdrawal of a driving licence on psychiatric grounds: where a medically established psychological or psychiatric condition raises doubts as to driving fitness, the competent authority may order a security measure independent of any concrete traffic offence. The decisive factor is the present and prospective fitness to drive; the measure is preventive and remains justified as long as the medical risk persists.

Full text

Descripteurs

CIRCULATION ROUTIERE; RETRAIT DE SECURITE; AFFECTION PSYCHIQUE; lcr

Normes

LCR.14

Résumé

Retrait de sécurité fondé sur un diagnostic psychiatrique.

Keywords

road trafficdriving licencesecurity withdrawalpsychiatric disorderfitness to drive

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether a security-based driving licence withdrawal was justified by the psychiatric condition.

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