Facts
On February 2, 1994, driver S. exceeded the authorized speed limit of 50 km/h by approximately 27 km/h in the locality of Otelfingen/ZH. On May 6, 1994, the transport and navigation service of the canton of Berne withdrew her driver's license for a period of one month. S. filed an appeal against this decision, which was rejected by the appeal commission of the canton of Berne on August 3, 1994. S. then filed an appeal in administrative law matters with the Federal Court.
The facts were as follows: S. drove at a speed of 77 km/h in an area where the maximum authorized speed was 50 km/h. The area in question clearly had the characteristics of a built-up area, with buildings on either side of the road, secondary streets leading into it, and a pedestrian crossing. S. did not adapt her speed to the traffic conditions and thus created a significant risk for other road users.
Considerations
The Federal Court considered that the appeal commission of the canton of Berne was a judicial authority and that its findings of fact were binding on the Federal Court, unless they were manifestly inaccurate, incomplete, or had been established in disregard of essential procedural rules.
The Federal Court also considered that S.'s speed was not adapted to the traffic conditions and that she had created a significant risk for other road users. It estimated that the appeal commission had not violated federal law in withdrawing S.'s driver's license for a period of one month, given the severity of the…