Facts
[U.] drove his passenger vehicle under the influence of cannabis on October 24, 1998, which led to a serious traffic accident with injuries. The investigating magistrate's office subsequently convicted [U.] of negligent serious bodily harm and driving a passenger vehicle in an unfit condition. The Road Traffic and Navigation Office of the Canton of Bern then revoked U.'s driving license for two months. The Federal Roads Office filed an administrative court appeal against this decision, requesting that the matter be remanded for a medical assessment of U.'s fitness to drive motor vehicles.
Considerations
The Federal Court ruled that the regular consumption of drugs, which is sufficient in its frequency and quantity to impair driving ability, is equivalent to drug addiction. Cannabis consumption that impairs the current ability to drive can provide grounds for having the person's general fitness to drive examined by an expert opinion.
In the present case, [U.] was known to the authorities as a drug user, consumed cannabis on the morning of the accident, and caused a serious accident under the acute influence of cannabis. Therefore, the Road Traffic and Navigation Office should have ordered a traffic medical and psychological assessment to determine U.'s fitness to drive. By…