Facts
X., born in 1962 and domiciled in the canton of Geneva, has been working as a taxi driver for around twenty years. On January 4, 2005, he drove at 75 km/h in the village of Coppet (Vaud) where the speed limit is 50 km/h. The Prefect of the Nyon district imposed a fine of 400 francs on him for a serious violation of road traffic rules. Subsequently, the Cantonal Vehicle and Navigation Service of Geneva ordered the withdrawal of his driving license for all categories and subcategories, for a duration of three months. X. appealed against this decision to the Administrative Court of the Canton of Geneva, which dismissed his appeal. X. then filed an administrative law appeal with the Federal Tribunal, primarily requesting a warning and, subsidiarily, that the three-month withdrawal be limited to his private activities.Considerations
The Federal Tribunal dismissed the appeal. It considered that the legal regulation, by providing for a minimum withdrawal period of three months for all drivers without distinction, does not violate the constitutional principles of equality and the prohibition of arbitrariness. Indeed, the parliamentary debates clearly showed that the legislator did not intend to allow derogations from the minimum withdrawal periods in favor of certain categories of drivers, including professional drivers.
Further…