Prohibition on the Use of a Foreign Driver's License in Switzerland

Facts

This decision concerns an appeal for nullity filed by Mr. Sch. against the Public Prosecutor's Office of the Canton of Zurich. The main facts are as follows:

• Mr. Sch. held a German driver's license.
• His Swiss driver's license was revoked on April 25, 1977.
• Despite this revocation, Mr. Sch. continued to drive motor vehicles in Switzerland using his German driver's license.
• The authorities of the Canton of Zurich were competent to revoke Mr. Sch.'s driver's license, even though he did not have a domicile in Switzerland, as he was in fact residing primarily in Switzerland.

Considerations

The Federal Tribunal dismissed Mr. Sch.'s appeal for the following reasons

Firstly, the revocation of a Swiss driver's license always implies a prohibition on the use of a foreign driver's license, regardless of whether the holder has a domicile in Switzerland or not. This rule stems from Art. 45 para. 2 of the Road Traffic Ordinance (RTAO).

Secondly, there is no international treaty between Switzerland and Germany that would prevent the Swiss authorities from prohibiting the use of a German driver's license in Switzerland. The relevant…