Facts
The appellant, [A.] , was driving a delivery van from Villmergen to Buchs on March 21, 2013. On a cargo trailer, he was transporting a passenger car, whereby the permissible support load was exceeded by 303 kg or 404% and the permissible fifth-wheel load was exceeded by 228 kg or 152%.
The Public Prosecutor's Office Lenzburg-Aarau fined [A.] CHF 500 for exceeding the permissible support load, exceeding the permissible fifth-wheel load, and putting a vehicle into operation in a non-regulatory condition. The penal order remained unchallenged.
On August 15, 2013, the Road Traffic Office of the Canton of Aargau withdrew [A.] 's driver's license due to a serious violation of road traffic regulations for 12 months. The Department of Economy and Interior of the Canton of Aargau and the Administrative Court of the Canton of Aargau rejected [A.] 's appeals against this withdrawal decision.
Considerations
The Federal Court dealt with [A.] 's appeal against the decision of the Administrative Court of the Canton of Aargau. The appellant complained of a violation of federal law and claimed that the Administrative Court had arbitrarily established the facts and violated his right to be heard.
However, the Federal Court found that the appellant had allowed the penal order to become final and unappealable and must therefore accept the factual findings of the penal order. The exceeding of the permissible support and fifth-wheel load by 404% or 152% constitutes a serious violation of road traffic regulations, as road safety was seriously endangered.
The Federal Court also found that…