Facts
On 24 July 2005, X., domiciled in the canton of St. Gallen, drove his motor vehicle on the German federal motorway BAB 5 and exceeded the maximum speed limit of 120 km/h by 41 km/h. The German authorities sanctioned him with a fine and a one-month driving ban in Germany. On 13 January 2006, the Road Traffic and Navigation Service of the canton of St. Gallen initiated administrative proceedings against X. and revoked his driving licence for a period of three months in application of Swiss law.Considerations
The RTAO has ruled that Swiss law does not contain a sufficient legal basis to order a warning revocation of the driving licence due to a traffic offence committed abroad. Neither the principle of territoriality, the principle of effects, nor the provisions of the formal law (RTA) allow such a revocation to be based. Furthermore, Article 34 of the OAC does not constitute a sufficient legal basis due to considerations of constitutional law. The ECHR on the international effects of the deprivation of the right to drive motor vehicles does not provide a sufficient legal basis either to pronounce a warning…