Facts
The Federal Roads Office (ASTRA) filed an administrative court appeal against the decision of the Administrative Court of the Canton of Lucerne, which had dismissed the appeal of the person concerned, S., against the revocation of his driving licence by the Road Traffic Office. ASTRA requested that the contested decision be set aside and the matter be remanded to the Road Traffic Office for a traffic psychology assessment of S.'s character suitability to drive motor vehicles. Until the results of the investigation were available, S.'s driving licence should be immediately provisionally revoked.
S. had exceeded the maximum permissible speed limit twice within a short period of time, stating on the first occasion that he wanted to show a "pretty lady" how the car runs, and on the second occasion that he was "in a bit of a hurry" as he had to take a colleague home. The Federal Court saw this as an indication that S. was not aware of the dangers of driving a motor vehicle or lacked the ability or willingness to take these dangers into account.
Considerations
The Federal Court stated that for the precautionary revocation of the driving licence on character grounds, the poor prognosis of the driver's behaviour is decisive. Authorities may refuse or revoke the licence if there are sufficiently substantiated indications that the driver will drive recklessly.
Until the exclusion grounds have…