Rs 741.55 Order Of 18 October 2000 On The Automated Register Of Administrative Measures (Ordinance On Register Admas)

Original Language Title: RS 741.55 Ordonnance du 18 octobre 2000 sur le registre automatisé des mesures administratives (Ordonnance sur le registre ADMAS)

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741.55 order register automated administrative measures (Ordinance on register ADMAS) of 18 October 2000 (status as of June 1, 2010) the federal Council Swiss, under art. 104 (b) of the Federal Act of 19 December 1958 on road traffic (LCR), the art. 7, al. 2, 16, al. 2, and 36, al. 1, of the Federal law of June 19, 1992, on the protection of data (LPD): Section 1 provisions general article 1 object the federal Office of roads (federal Office), in collaboration with the cantons and the Principality of Liechtenstein, manages an automated register of administrative measures (Ahmed).
ADMAS contains all administrative traffic measures imposed by authorities Swiss or Liechtenstein.

S. 2 purpose ADMAS is helping the authorities of the Confederation, the cantons and the Principality of Liechtenstein to the following legal tasks: a. issuing student driver permit, driving licence and driving instructor licences; b. the application of administrative procedures and criminal proceedings against drivers; c. the establishment of statistics on administrative measures.

S. 3 definitions in this order the following terms mean: a. record: enter data on the screen (on-line) or transmit them and insert them automatically in the registry (file transfer);

b. eliminate: hide all data concerning a person after the expiry of the duration of registration until their destruction during the biannual update of ADMAS.

v. destroy: rewrite data or erase data.

Section 2 empowered authorities art. 4 authorities empowered to process the data the following authorities are authorised to process the data contained in ADMAS: a. the federal Office; b. the authorities of the cantons and the Principality of Liechtenstein responsible for removal of learner-driver permits, driving and driving (authorities withdrawal) instructor.

Authorities having access to ADMAS shall designate the persons authorised to process the data.

S. 5 authorities empowered to consult the data the following authorities are empowered to consult directly (online) data: a. authorities of the cantons and the Principality of Liechtenstein responsible for licensing of learner driver, driving and driving instructor; b. the authorities responsible for criminal proceedings and criminal judicial authorities of Switzerland and the Principality of Liechtenstein , in proceedings to assess crimes committed in road traffic; v. the Office of road traffic and navigation of the army, for the issuance and withdrawal of the military driver's licence.

The authorities referred to the al. 1 which are not connected directly (online) to ADMAS can get, on the part of the competent authorities of withdrawal, the information contained in the register which are necessary for the performance of their lawful duties.
Authorities having access to ADMAS shall designate the persons authorised to consult the data.

New content according to chapter I of O from 28 sept. 2007, in force since 1 Jan. 2008 (2007 5043 RO).

S. 6 granting of permission to access the federal Office shall ensure that only the authorities referred to the art. 4 and 5 have access to ADMAS.

Section 3 contents of registry and processing of data art. 7 measures to save all enforceable decisions related to administrative measures listed below should be recorded: a. refusal and withdrawal: 1 learner-driver and driving licences (art. 14, para. 2 and 2, and 16 LCR), 2. authorities issued to driving instructors (arts. 26 and 27 of the O from 28 sept. 2007 on driving instructors), 3. permissions form for learner drivers of trucks (art. 20 of the O 27 oct. 1976 regulating admission to road traffic; OAC);

b. withdrawal of the permit and learner driver licence as a preventive measure (art. 30 OAC); c. withdrawal of the licence to the test with extension of the probationary period (art. 15, para. 3, LCR); d. cancellation of driving licences to test (art. 15, para. 4, LCR); e. prohibition to circulate (art. 19, para. 2 to 4, and 21 LCR , and art. 36 OAC); f. prohibition on use of a foreign driver's licence (s. 45 OAC); g. warning (art. 16, Al 2, LCR); h. prescription of a medical or psychological examination (art. 7, para. 1, 9, 1, 11 a 11 b, para. 1, let a and b, and 27, Al 1, OAC) in administrative proceedings; i. conditions (art. 24 d OAC) as part of a prescription administrative procedure; j. prescription for a new review of conduct (art. 14 al. 3, LCR and art. 28, al. 1 and 2, OAC); k. convening a course driver education as complementary training (art. 40 OAC); l. revocation or amendment of the measures referred to in the let. a-k.

New content according to chapter I of O from 28 sept. 2007, in force since 1 Jan. 2008 (2007 5043 RO).
New content according to chapter I of O from 28 sept. 2007, in force since 1 Jan. 2008 (2007 5043 RO).
RS 741.522 new content according to chapter I of O on July 3, 2002, in force since April 1, 2003 (RO 2002 3320).
New content according to chapter I to the O of 27 oct. 2004, in force since Dec. 1. 2005 (RO 2004 5073).
New content according to chapter I to the O of 27 oct. 2004, in force since Dec. 1. 2005 (RO 2004 5073).
New content according to chapter I to the O of 27 oct. 2004, in force since Dec. 1. 2005 (RO 2004 5073).
New content according to chapter I to the O of 27 oct. 2004, in force since Dec. 1. 2005 (RO 2004 5073).
New content according to chapter I to the O of 27 oct. 2004, in force since Dec. 1. 2005 (RO 2004 5073).
New content according to chapter I to the O of 27 oct. 2004, in force since Dec. 1. 2005 (RO 2004 5073).
New content according to chapter I to the O of 27 oct. 2004, in force since Dec. 1. 2005 (RO 2004 5073).
New content according to chapter I to the O of 27 oct. 2004, in force since Dec. 1. 2005 (RO 2004 5073).
New content according to chapter I to the O of 27 oct. 2004, in force since Dec. 1. 2005 (RO 2004 5073).
Introduced by the c. of o. October 27. 2004, in force since Dec. 1. 2005 (RO 2004 5073).
Introduced by the c. of o. October 27. 2004, in force since Dec. 1. 2005 (RO 2004 5073).

S. 8 data the following data are entered into ADMAS: a. personal identification number extracted from the register of authorisations to drive (PIN FABER); b. number of cantonal reference; c. and d.... e. data relating to the licence: 1... 2 kind of permits and category (s);

f. measures: 1 kind of measure (s), 2 duration (in months) as well as beginning and end of the (s) measure (s), 3. up to three measurement patterns, 4. indication if the offence has resulted in an accident of traffic, 5. … 6. indication of the kind of vehicle with which the offence has been committed, 7. date of the offence, 8. decision-making authority and date of the decision, 9. indication if the offence has been described as serious, moderately serious or slight;

g. data personal data relating to the measures that have been taken against them; h. data personal of persons who do not yet have permit and residents abroad and data relating to the measures that have been taken against them.

New content according to chapter I of O of 29 nov. 2006, in force since Feb 1. 2007 (2007 107 RO).
Repealed by the c. of o. from 29 nov. 2006, with effect from Feb 1. 2007 (2007 107 RO).
Repealed by the c. of o. from 29 nov. 2006, with effect from Feb 1. 2007 (2007 107 RO).
Repealed by the c. of o. from 29 nov. 2006, with effect from Feb 1. 2007 (2007 107 RO).
Introduced by chapter I of O of April 28, 2004, in force since 1 Jan. 2005 (RO 2004 2871).
Introduced by the c. of o. from 28 sept. 2007, in force since 1 Jan. 2008 (2007 5043 RO).
Introduced by the c. of o. from 28 sept. 2007, in force since 1 Jan. 2008 (2007 5043 RO).

S. 9 data entry and correction of incorrect registration data are saved in ADMAS by withdrawal of the cantons and the Principality of Liechtenstein authorities.
If the withdrawal authorities find erroneous entries, they shall themselves their rectification, completely or destruction.
The federal agency controls the completeness and the likelihood of the entered data.
In the case of entries incomplete or implausible, the federal agency ordered their rectification, completely or destruction by the authorities of withdrawal or themselves carry out necessary modifications after agreement with those authorities.

S. 10Elimination of measures refusals and withdrawals of learner driver, driving and driving instructor permit, the prohibitions of use and bans are removed from ADMAS ten years after maturity or their revocation; other measures are five years after entering into force.
The cancellation of driving licences to test is eliminated ten years after a new issuance of a driver's license.
The elimination of the measures contained in the register is suspended if a new measurement is registered; in this case, the measures are eliminated only after the expiry of all periods calculated by the system.

New content according to chapter I of O of 29 nov. 2006, in force since Feb 1. 2007 (2007 107 RO).

S. 11 Elimination of all data ADMAS concerning a person all the data concerning a person are disposed of ADMAS: a. when all data related to the measures have been eliminated; b... .v when the competent authority announces the death of the person.


Repealed by the c. of o. from 29 nov. 2006, with effect from Feb 1. 2007 (2007 107 RO).

S. 12Reprise ADMAS data in other automated registers authorities the cantons and the Principality of Liechtenstein for the issue and withdrawal of driving licence can resume ADMAS data in their own systems of data insofar as they ensure the protection and safety and use them exclusively in view of: a. the admission of persons in road traffic; b. communication to the criminal prosecution authorities and authorities criminal judicial information on the reputation of a person in his capacity of motorist.

In an anonymized form, ADMAS registry data can be cross-checked with those of the registry analysis of accidents of the road, in accordance with art. 1, let. (b), of the order of April 14, 2010, on the register of accidents of the road (ORAR), with the aim of conducting analyses according to art. 17 ORAR.

New content according to chapter I of O of April 14, 2010, in force since June 1, 2010 (RO 2010 1655).
RS 741.57 Section 4 right to information art. 13 right of the person concerned to obtain information and rectification of data any person may request the withdrawal of his home authority to provide information on the data. The right to information may also be exercised by the legal representative of the persons of discernment, but exclusively in the name and in the interest of the person concerned. The applicant or his legal representative shall prove his identity and submit a written request.
The authority provides exhaustively, free and generally written information within 30 days of receipt of the application.
The persons referred to in the al. 1 may require that data be rectified, supplemented or removed from the register. The request must be made in writing to the competent authority.
Inquiries and rectification from individuals domiciled abroad are transmitted by the federal Office to the authority having taken the final decision.

S. 14 claims and proceedings the person concerned may assert its rights to obtain information and the correction to the competent cantonal authorities, in accordance with the applicable cantonal law.

S. 15 data communications to police authorities police authorities to monitor road traffic receive information on the part of the Authority's withdrawal of the canton or the Principality of Liechtenstein, in the present case, in order to know if at this point there permit learner driver, driving, or conduct of a person monitor suspicious is removed If that person has the prohibition to use or if he was denied.

S. 16 communication of data to foreign authorities the federal agency provides the competent foreign authorities, at their request, with information on entries made in ADMAS, insofar as an international convention or an international agreement provides and provided that reciprocity is granted by the requesting State.

Section 5 monitoring and security of data art. 17 monitoring of the processing of data the authorities responsible must ensure, in their own field, that data are processed in accordance with the requirements.
Particular, to ensure that only data accurate and complete to are introduced into ADMAS or announced to the competent body.

S. 18 organizational measures and techniques in order to safeguard their data against loss and to protect against any unauthorized, treatment, consultation, or subtraction authorities take organizational and technical measures required, in accordance with the provisions of data protection. They regulate inter alia access to data terminals and provide effective protection of the premises of work against unauthorized persons.
The order of 14 June 1993 relating to the Federal Act on the protection of data, as well as the art. 14 and 15 of the order of 23 February 2000 on information technology in the Federal Government, are applicable to the guarantee of security of the data.
The federal Office of information technology and telecommunications is responsible for the technical maintenance of compliance with requirements for security as well as the management of access permissions.

SR 235.11 [2000 1227 RO. [RO 2003 3687 annex c. I 1]. See now the O from 26 sept. 2003 (RS 172.010.58) art. 19 automatic logging automatic logging takes place within the framework of the processing of data; It indicates what the user originally from the State of the data of the moment and when the operation was performed.

Section 6 statistics s. 20 statistics concerning ADMAS the federal agency publishes annually statistics of administrative measures for road traffic.

S. 21 communication of data for statistical purposes or research communication of data contained in ADMAS for statistical or research purposes is governed by the provisions of the HPA and the order of 14 June 1993 relating to the Federal Act on the protection of data and by the Act of 9 October 1992 on Federal statistics.

SR 235.11 RS 431.01 Section 7 provisions finals s. 22 amendment to the law in force...

The change can be found at RO 2000 2800.

S. 23 entry into force this order comes into force January 1, 2001.

RO 2000 2800 RS 741.01 RS 235.1 State on June 1, 2010

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