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Three-month license withdrawal confirmed after pedestrian collision

ATA/749/1997Court of Justice / Administrative ChamberDec 2, 1997Dismissed

Open source

Extracted by Omnilex

Omnilex summary

The court confirmed a three-month driving license withdrawal against a driver who, while reversing near a pedestrian crossing, struck an elderly pedestrian and caused serious injuries. It held that the driver breached the heightened duty of caution owed to pedestrians and that the duration of the withdrawal was not excessive.

Omnilex headnote

Art. 26 LCR; duty of care toward pedestrians on a pedestrian crossing and review of the duration of a driving license withdrawal: a motorist must exercise heightened caution when approaching or using a pedestrian crossing, and especially when reversing in its vicinity. If the driver fails to observe this duty and seriously injures a pedestrian, a license withdrawal of three months may be confirmed as proportionate, absent circumstances warranting mitigation.

Full text

Descripteurs

CIRCULATION ROUTIERE; PIETON; PASSAGE POUR PIETONS; MARCHE ARRIERE; DILIGENCE; RETRAIT DE PERMIS; DUREE; LCR

Normes

LCR.26

Résumé

Confirmation d'un retrait de 3 mois pour avoir heurté une personne âgée sur un passage de sécurité et l'avoir ainsi grièvement blessée.

Keywords

road trafficpedestrian crossingreversingduty of carelicense withdrawalproportionalityserious injury

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the three-month driving license withdrawal for serious violation of road traffic duties should be confirmed

Extracted holding

The withdrawal was confirmed as a proportionate sanction for breaching the duty of care toward pedestrians on a crossing and causing serious injury.

Extracted reasoning

The court accepted that the driver failed to exercise the caution required by road traffic rules, especially when reversing near a pedestrian crossing, and that the seriousness of the consequences justified a three-month withdrawal.

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