Facts
The complainant, [X.] , was stopped by the Basel-Landschaft cantonal police on June 10, 2009, because his semi-trailer was obviously overloaded. The check revealed that the permissible trailer load was exceeded by 7,399 kg or 117.42% and the permissible tire load of the drive axle of the towing vehicle by 1,612.50 kg per tire or 51.19%. The total weight of the vehicle combination was too high by 2,680 kg or 6.70% and that of the semi-trailer by 7,064 kg or 39.24%. The permissible axle load was exceeded by 7,550 kg or 65.65% and the manufacturer's warranty for the axle load on the rear axle by 6,050 kg or 46.54%.
The Liestal district court fined [X.] for a simple violation of traffic rules, driving a motor vehicle in a non-roadworthy condition, exceeding the permissible total weight of the vehicle combination and the towing vehicle, exceeding the manufacturer's warranty weight and the tire load of the drive axle of the towing vehicle, exceeding the maximum permissible trailer load, and failing to comply with the conditions specified in the vehicle permit, with a fine of CHF 5,000.--. The Road Traffic Office of the Canton of Lucerne withdrew [X.] 's driver's license for three months.
The Lucerne Cantonal Administrative Court dismissed [X.] 's complaint against this ruling. [X.] then applied to the FSCA to overturn the judgment of the Administrative Court and to warn him for a simple offense against the RTA or, alternatively, to withdraw his driver's license for one month due to a moderately severe offense.
Considerations
The FSCA examined whether the conditions for a serious offense within the meaning of Art. 16c RTA were met. It found that the objective elements of Art. 90 para. 2 RTA were not fulfilled, as the violations of traffic rules had not posed a serious risk to the safety of others.
The court found that the administrative authority was bound by the factual findings of the criminal court, as it had thoroughly investigated the incident and questioned the complainant. The administrative…