One-month driving license withdrawal confirmed for trailer incident

ATA/711/1996Corte di giustizia / Camera amministrativa26 nov 1996Confirmed

Estratto da Omnilex

Sintesi Omnilex

The administrative court confirmed SAN's decision to withdraw the driver's licence for one month after he lost control of a vehicle towing a trailer on the motorway. The court held that the conduct fell under the traffic-safety provision invoked by SAN and justified the preventive measure.

Massima Omnilex

Art. 16 al. 3 LCR; driving licence withdrawal for loss of vehicle control while towing a trailer. Loss of control of a vehicle on a motorway, including in connection with a trailer, may constitute a sufficiently serious endangerment of road safety to justify a licence withdrawal. Where the measure is proportionate and based on the statutory traffic-safety provision, the reviewing court will uphold the administrative authority's decision.

Testo completo

Descripteurs

REMORQUE; RETRAIT DE PERMIS; PERMIS DE CONDUIRE; SECURITE DE LA CIRCULATION; INFRACTION DE MISE EN DANGER; MAITRISE DU VEHICULE; LCR

Normes

LCR.16 al.3

Résumé

Le TA a confirmé la décision du SAN de retirer un mois le permis d'un automobiliste ayant perdre la maîtrise d'un véhicule tractant une remorque sur l'autoroute.

Parole chiave

driving licence withdrawaltraffic safetytrailerloss of controlhighwayendangerment

Estratto da Omnilex

Questioni giuridiche chiave estratte da Omnilex

Questione giuridica chiave

Whether the one-month driving licence withdrawal for loss of control of a vehicle with trailer was lawful.

Decisione estratta

The withdrawal was upheld as lawful.

Motivazione estratta

The court found that losing control of the vehicle on the motorway while towing a trailer constituted a traffic-safety offence justifying a one-month licence withdrawal under the applicable road traffic rule.

One-month driving license withdrawal confirmed for trailer incidentGenerato dall'IA