Withdrawal of driver's license due to minor traffic offense

Facts

The complainant [X.] was stopped by the police on November 3, 2009, in Ostermundigen while driving a light tractor-trailer. A weight check revealed that the permissible payload on the towing vehicle of 1,150 kg was exceeded by 1,156 kg and that the drive axle was loaded with 3,045 kg instead of a maximum of 2,600 kg. The Investigating Magistrate's Office III Bern-Mittelland convicted [X.] by penal order of December 14, 2009, under Art. 67 para. 3 of the Road Traffic Regulations (TRegO) and Art. 30 para. 2 and Art. 96 no. 1 of the Road Traffic Act (RTA) to a fine of CHF 780.--.

The Department of the Interior of the Canton of Solothurn ordered, by decision of February 26, 2010, based on Art. 16a para. 1 lit. a and para. 2 RTA, a withdrawal of the driver's license for a period of one month. An appeal against this decision was dismissed by the Administrative Court of the Canton of Solothurn by judgment of August 12, 2010.

The complainant applied to the Federal Supreme Court with a complaint in public law matters on September 16, 2010, requesting that the judgment of the Administrative Court be set aside and the administrative proceedings be discontinued.

Considerations

The Federal Supreme Court applies the law ex officio (Art. 106 para. 1 FSCA) and examines whether the lower court reviewed the requirements of Art. 16a RTA and in particular para. 4 thereof. It finds that the vehicle combination driven by the complainant had an unfavorable load distribution and that, according to the expert report, no optimal braking deceleration was guaranteed.

The Federal Supreme Court comes to the conclusion that the assumption of a minor offense within the meaning of Art. 16a para. 1 lit. a RTA is not objectionable, since the permissible payload on the towing vehicle of 1,150 kg was exceeded by 1,156 kg and the drive axle was loaded with 3,045 kg instead…