One-month driving ban upheld after inattentive accident

ATA/715/1996Court of Justice / Administrative ChamberNov 26, 1996Confirmed

Extracted by Omnilex

Omnilex summary

The administrative court confirmed a one-month ban on driving in Switzerland after a collision caused by the appellant’s inattention. At the time of impact, he was consulting his agenda placed on the passenger seat. The court held that this conduct amounted to a lack of diligence and insufficient control of the vehicle, warranting the measure.

Omnilex headnote

LCR art. 34 para. 3; inattentive driving and lack of proper vehicle control justify a driving ban when the driver’s attention is diverted from the road at the critical moment. The decisive criterion is whether the conduct reveals insufficient diligence in traffic and a breach of the duty to keep the vehicle under effective control; where such fault is established, the preventive measure may be upheld.

Full text

Descripteurs

CIRCULATION ROUTIERE; ACCIDENT; AA; MAITRISE DU VEHICULE; FAUTE; DILIGENCE; RETRAIT DE PERMIS; DUREE; SECURITE DE LA CIRCULATION; ASSURANCE SOCIALE; LCR

Normes

LCR.34 al.3

Résumé

Le TA a confirmé une interdiction de conduire sur le territoire suisse durant un mois suite à un accident entre deux véhicule pour inattention : le recourant consultait son agenda posé sur le siège passager au moment du choc.

Keywords

road trafficaccidentinattentionvehicle controlfaultdiligencedriving bantraffic safety

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the one-month driving ban for inattentive driving after the collision should be upheld.

Extracted holding

The driving ban was upheld; consulting the agenda instead of keeping proper control of the vehicle constituted a traffic fault justifying the measure.

Extracted reasoning

The court found that the driver failed to exercise the diligence required under road traffic rules, as his attention was diverted at the moment of impact. The conduct showed insufficient control of the vehicle.

One-month driving ban upheld after inattentive accidentAI generated