Revocation of a foreign driver's license due to circumvention of Swiss jurisdiction provisions

Facts

X., a Chinese national residing in Switzerland, acquired a Chinese driver's license during a vacation stay in China. The Cantonal Traffic Office of Schwyz subsequently ordered the indefinite revocation of this foreign driver's license. The Administrative Court of the Canton of Schwyz overturned this order. The Federal Supreme Court upheld the administrative court appeal of the Traffic Office, set aside the decision of the Administrative Court, and remanded the case for a new decision to the lower instance.

Considerations

The Federal Supreme Court clarified its previous case law on the revocation of foreign driver's licenses acquired in circumvention of Swiss jurisdiction provisions. Accordingly, it is sufficient for a revocation under Art. 45 para. 1 sentence 2 RTAO that, based on objective circumstances, there is a possibility that the holder could use the license unlawfully in Switzerland. Proof of a subjective intent to circumvent is no longer required.

In the present case, X. acquired the Chinese driver's license at a time when he was domiciled in Switzerland. After he had failed the theoretical driving test in Switzerland, he…