Facts
Parties: Appellant A. against Road Traffic and Shipping Office of the Canton of Bern (RTA)
Court: I. Public Law Division of the Federal Supreme Court
Date: June 4, 2024
Facts:
- On September 27, 2022, A. was convicted of minor traffic violations and fined CHF 400.-.
- On November 18, 2022, the RTA ordered A. to undergo a traffic medical driving aptitude examination.
- The appeal of A. against this order was dismissed by the Appeals Commission of the Canton of Bern.
- A. filed an appeal in public law matters with the Federal Supreme Court, which was dismissed.
Main question: Whether the order for a driving aptitude examination is to be considered a precautionary measure within the meaning of Art. 98 FSCA and whether the Federal Supreme Court can only review violations of constitutional rights.
Considerations
The order for a driving aptitude examination constitutes a precautionary measure that falls within the jurisdiction of the Federal Supreme Court under Art. 98 FSCA. This means that the Federal Supreme Court can only review violations of constitutional rights and not simple legal violations.
Art. 15d para. 1 RTA does not exhaustively list the indicators for a driving aptitude examination. Other circumstances such as physical or mental illnesses can also raise doubts about driving aptitude. Clearly conspicuous behavior in traffic can be an indication of a…