Facts
Parties: Appellant [A.] against Road Traffic Office of the Canton of Lucerne.
Facts: [A.] is the holder of a driver's license of subcategory C1 and is subject to periodic traffic medical control examinations pursuant to Art. 27 para. 1 lit. a no. 1 RTAO. After a control examination in November 2019, the doctor informed the Road Traffic Office about mental illnesses and medication (Cipralex, Concerta, Remeron) and recommended an assessment by a traffic physician of level 4. The Road Traffic Office provisionally revoked [A.] 's driver's license and ordered a review of driving fitness. [A.] challenged this decision before the Cantonal Court of Lucerne, which dismissed the appeal. [A.] then filed an appeal with the Federal Supreme Court.
Considerations
1. The contested decision of the Cantonal Court of Lucerne is a final cantonal interim decision in public law that causes an irreparable disadvantage and is therefore appealable. The appellant is entitled to appeal, and the conditions for a decision on the merits are met.
2. The provisional revocation of the driver's license pursuant to Art. 30 RTAO is a provisional measure based on a summary review of the facts and law. Concrete indications of the lack of driving fitness are sufficient for the provisional revocation. Driving fitness can be examined by a traffic medical assessment if there are concrete indications of serious doubts about driving fitness.
3. The Cantonal Court found that the appellant had undergone several inpatient treatments in a psychiatric clinic and was taking new medication (Cipralex), which could impair driving fitness. The lower court considered the current circumstances and the doctor's recommendation to review driving fitness.
4. The appellant argued that the lower court had made an obviously incorrect finding of fact by assuming a deterioration…