Facts
A. was issued a probationary driving licence on 19 August 2011. Following a traffic accident on 22 May 2013, he was convicted by a penal order dated 7 October 2013 for a simple violation of traffic rules. The Cantonal Road Traffic and Navigation Service of the Canton of Valais (SCN) then pronounced on 16 December 2013 the withdrawal of the probationary driving licence for one month and the extension of the probationary period by one year.
Due to the successive appeals filed by A., the decision of the SCN was not yet final and enforceable at the expiry of the first probationary period of three years, on 19 August 2014. The SCN therefore issued A. a provisional permanent driving licence, pending the outcome of the legal proceedings.
After the judgment of the Cantonal Court of 17 April 2015 confirmed the decision of the SCN, the withdrawal of the licence was executed from 28 January to 27 February 2016. At the end of this execution, the SCN notified A. that his licence was not permanent, but a probationary licence extended by one year, until 27 February 2017, in accordance with the decision of 16 December 2013.
Considerations
The Federal Tribunal considers that, although this solution is not entirely convincing, it is necessary for reasons of legal certainty. Indeed, at the time of the commission of the second offence, A. was formally the holder of a permanent licence, and the decision on his first offence was not yet final and enforceable.
According to the Federal Tribunal, Art. 15a para. 3 of the…