Questão jurídica principal
Whether a one-month driving ban was justified for modifying and using a moped in a way that increased speed and noise.
Decisão extraída
Yes. The statutory grounds for an ordinary driving ban were met because the modifications increased speed and noise, the vehicle was actually used in that condition, and additional safety and overload violations were established.
Fundamentação extraída
For moped 'frisuring', Art. 36(3)(b) VZV cannot be applied more strictly than what Art. 16 ff. SVG allows. The decisive point is therefore whether the conduct satisfies the ordinary withdrawal conditions under Art. 16(2) SVG. Here, the modifications increased speed and noise; the appellant knew their effect; the noisy operation alone sufficed as a traffic-rule violation, and the defective brake plus the overloaded trailer reinforced the danger.