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According to the highest judges, misconduct does not necessarily result in a disqualification. It depends on the circumstances. The Federal Supreme Court applies this innovation for the first time.
In principle, overtaking on the right remains prohibited in Switzerland. Under no circumstances should a driver overtake another driver on the right, drive past and then pull back in.
If the police nevertheless observed and recorded such a maneuver, the affected driver will be fined. In addition, the driver’s license has been withdrawn for at least three months due to serious violations of traffic regulations.
High fines instead of withdrawal of ID
In the specific case that the Federal Supreme Court now had to judge, the driver would have had to hand in his driving license for twelve months.
He’d had to give up his ID before. But in this specific case, the driver did not endanger anyone. There was little traffic on the Autobahn, the road was dry and visibility was good. The overtaken driver did not have to swerve or brake to protect himself.
That is why the Federal Supreme Court decided that the accused driver does not have to hand in his ID. However, the driver has to pay a fine of 250 francs because he violated road traffic regulations.
Federal Supreme Court: “Narrow interpretation” displayed
Such a change in previous practice has been possible since this year. At the beginning of the year, the so-called bus lists were adapted to the road traffic regulations.
However, the Federal Supreme Court writes that “with a view to the risks” a narrow interpretation and cautious application of the new regulation regarding overtaking is indicated.