Information on the administrative procedure

In Switzerland, road traffic offences are judged and punished by two different authorities. On the one hand, the offence leads to criminal proceedings conducted by the public prosecutor's office and, on the other hand, we examine in administrative proceedings whether an administrative measure is to be ordered that affects the driving licence. Under administrative law, a distinction is made between minor (Art. 16a para. 1 SVG), medium (Art. 16b para. 1 SVG) and serious offences (Art. 16c para. 1 SVG), which are sanctioned either with a warning or a withdrawal of the driving licence (or a ban on using a driving licence issued abroad [Art. 16 para. 2 SVG]).

As a rule, the facts established by the criminal authority have a binding effect on the administrative authority. It is therefore recommended to exercise the respective rights of defence in the criminal proceedings. Fees are charged in both proceedings and cannot be offset against each other.

Within the context of the right to be heard, you have the right to inspect the case documents. Upon agreement by telephone within the telephone hours (09:30 to 11:30), we will send you all procedural files by post. If you require an extension of the deadline for submitting any statements, you must inform us of this either in writing or by telephone when requesting inspection of case documents.

When determining the duration of the driving licence withdrawal, the circumstances of the individual case must be taken into account (Art. 16 para. 3 SVG), including the professional need to drive a motor vehicle. However, this is only the case if the licence withdrawal makes the exercise of the occupation of profession factually impossible or causes such a loss of income or such costs that the measure appears disproportionate. However, difficulties in getting to work or negative effects on the employer's business cannot be taken into account.

In order to prove professional dependence on the driving licence, employees must submit a written, reasoned and signed statement from their employer. Self-employed persons must demonstrate the consequences in their own written statement and enclose a copy of the extract from the commercial register. If there is no entry in the commercial register, proof of self-employment must be provided in another appropriate way.

If required, the questionnaire on professional dependence on the driving licence (PDF), which can be downloaded from the following link, must be completed with the required information and submitted by post (not by e-mail) within the specified consultation period:

Questionnaire for the examination of professional dependence on the driving licence

Important note

The statutory minimum duration must not be undercut even in the case of professional dependence on the driving licence (art. 16 para. 3 sentence 2 SVG).

The ban on using the foreign driving licence of persons resident abroad and the associated driving ban apply to the entire territory of Switzerland. In such cases, professional dependence on the driving licence is only taken into account if the area of activity extends to Switzerland.

In the event of a driving licence withdrawal, we generally allow a period of up to 6 months for the driving licence to be surrendered. If the driving licence is not surrendered within the set period, the withdrawal will take effect and be enforced in accordance with the dates specified in the order.

In the case of a ban on using a foreign driving licence for persons with foreign residence, the driving ban generally begins 3 months after the order. It is possible to set the driving ban earlier upon written request.

Requests for postponement of the driving licence withdrawal or the driving ban will be rejected.