Facts
The appellant, [X.] , had committed a second serious offense during the probationary period on January 15, 2011, as a result of which his probationary driver's license lapsed pursuant to Art. 15a para. 4 RTA. The Road Traffic and Shipping Office of the Canton of Bern revoked the driver's license on November 13, 2012, and ordered that a new learner's permit could be issued at the earliest from November 13, 2013, and only on the basis of a favorable traffic-psychological report.
The appellant requested that the decision of the Appeals Commission be revoked and that it be established that the blocking period had expired or, alternatively, that the matter be referred back to the lower court for re-evaluation. The Appeals Commission and the Federal Roads Office (ASTRA) requested in their statements that the appeal be dismissed.
Considerations
The Federal Court had to decide whether the blocking period pursuant to Art. 15a para. 5 RTA begins with the offense or with the service of the revocation order. The appellant was of the opinion that the blocking period began with the offense, while the Road Traffic and Shipping Office, the Appeals Commission, and ASTRA argued that this was only the case with the service of the revocation order.
The Federal Court stated that the legislature had established the legal presumption that a driver's fitness to drive is lost if he commits two offenses during the probationary period that would result in the revocation of the driver's license. The driver's license lapses by law, and the driver only receives a learner's permit after the expiration of the blocking period if he proves his fitness to drive through a positive traffic-psychological report.
The Federal Court…