Facts
The respondent exceeded the general speed limit of 120 km/h by 32 km/h on the N1 highway, section Mühleberg - Kerzers, on May 17, 1996. The Road Traffic and Shipping Office of the Canton of Bern withdrew his driver's license for a period of one month. The Appeals Commission of the Canton of Bern lifted the driver's license withdrawal and warned the respondent. The Federal Police Office filed an administrative appeal with the request to overturn the decision of the Appeals Commission and withdraw the respondent's driver's license for a period of one month.
Considerations
The Federal Court considers that the lower court applied the amended guidelines of the Inter-Cantonal Commission for Road Traffic, which provide that the driver is to be warned in the event of exceeding the speed limit on the highway by 31-35 km/h. However, these guidelines contradict the Federal Court's case law, according to which the driver's license is to be withdrawn in the event of speeding by more than 30 km/h.
The Federal Court states that the case law on speeding on highways has not changed and that the driver's license is to be withdrawn in the event of exceeding the speed limit by more than 30 km/h, namely in favorable circumstances (favorable traffic conditions and good driving record) in the event of exceeding the speed limit by 31-34 km/h pursuant to Art. 16 Abs. 2 Satz 1 RTA, but in unfavorable circumstances and in the event of exceeding the speed limit by 35 km/h or more pursuant to Art. 16 Abs. 3 lit. a RTA.
The Federal Court…