Facts

The appellant, A., born in 1993, drove a passenger vehicle under the influence of drugs on March 1, 2012, which led to a three-month revocation of his driver's license. On April 26, 2013, he exceeded the permissible speed limit by 23 km/h within a built-up area, whereupon his probationary license was definitively revoked. After a grace period and a traffic psychology assessment, he was issued a new probationary driver's license on February 9, 2015. During this second probationary period, he caused a single-vehicle accident under the influence of alcohol (at least 1.14 per mille by weight) on January 24, 2016. Consequently, the Thurgau Cantonal Road Traffic Office revoked his probationary driver's license and his BE category learner's permit for twelve months on March 7, 2016.

Considerations

The Federal Court ruled that the regulation in Art. 15a RTA has a certain independent significance for the revocation of the probationary driver's license. For the question of the revocation as such, only the offenses committed during the second probationary period are to be taken into account, and not the incidents from the first probationary period. However, the special regulation in Art. 15a RTA is not conclusive for the question of the duration of the revocation. The statutory criteria for determining the duration of the revocation pursuant to Art. 16…