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RS 741.55 Order of 18 October 2000 on the Automated Register of Administrative Measures (ADMAS Registry Ordinance)

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 on the Automated Registry of Administrative Measures

(ADMAS Registry Ordinance)

18 October 2000 (State 1 Er June 2010)

The Swiss Federal Council,

See art. 104 B Federal Act of 19 December 1958 on Road Traffic (CRL) 1 , given art. 7, para. 2, 16, para. 2, and 36, para. 1, of the Federal Law of 19 June 1992 on Data Protection (LPD) 2 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

1 The Federal Office of Roads (Federal Office), in cooperation with the cantons and the Principality of Liechtenstein, manages an automated administrative measures register (ADMAS).

2 ADMAS contains all the administrative measures relating to road traffic passed by the Swiss or Liechtenstein authorities.

Art. 2 Purpose

ADMAS assists the authorities of the Confederation, the cantons and the Principality of Liechtenstein in carrying out the following legal tasks:

A.
Issuing driver's licences, driving licences and driving licences;
B.
The application of administrative procedures and criminal proceedings against drivers;
C.
The establishment of statistical data on administrative measures.
Art. 3 Definitions

In this order, the following terms mean:

A.

Record:

Enter data on the screen (online) or transmit it and automatically enter it into the registry (file transfer);

B.

Eliminate:

Mask all data about a person after the recording period has elapsed until they are destroyed during the semi-annual update of ADMAS;

C.

Destroy:

Rewrite data or erase data.

Section 2 Qualified Authorities

Art. 4 Authorities empowered to process data

1 The following authorities have the authority to process the data contained in ADMAS:

A.
The Federal Office;
B.
The authorities of the cantons and the Principality of Liechtenstein with regard to the withdrawal of driver's licences, driving licences and driving licences (withdrawal authorities).

2 The authorities having access to ADMAS designate the persons entitled to process the data.

Art. 5 Authorities with authority to view data

1 The authorities listed below are entitled to consult directly (online) the data:

A.
The authorities of the cantons and the Principality of Liechtenstein concerned with the issue of driver's licences, driving licences and driving licences;
B.
The criminal prosecution authorities and the criminal judicial authorities of Switzerland and the Principality of Liechtenstein, as part of the procedures for assessing traffic offences;
C. 1
The Office of Road Traffic and Navigation, for the issue and withdrawal of military driving licences.

2 The authorities referred to in para. 1 which are not directly linked (online) to ADMAS may obtain, from the competent withdrawal authorities, the information contained in the register which is necessary for the completion of their legal duties.

3 The authorities having access to ADMAS designate the persons entitled to consult the data.


1 New content according to the c. I of the O of 28 seven. 2007, effective from 1 Er Jan 2008 ( RO 2007 5043 ).

Art. 6 Granting access permission

The Federal Office shall ensure that only the authorities referred to in Art. 4 and 5 have access to ADMAS.

Section 3 Contents of the Register and Data Processing

Art. 7 Measures to be recorded

All binding decisions relating to the following administrative measures shall be recorded:

A.
Refusal and withdrawal:
1. 1
Driver's licence and driver's licence (art. 14, para. 2 and 2 Bis , and 16 LCR),
2. 2
Authorizations issued to driving instructors (s. 26 and 27 of the O of 28 seven. 2007 on driving monitors 3 ),
3. 4
Permits to train apprentice truck drivers (s. 20 of the O of 27 Oct. 1976 regulating admission to road traffic; OAC);
B. 5
Removal of driver's licence and driver's licence as a preventive measure (art. 30 OAC);
C. 6
Withdrawal of the licence to conduct the trial with an extension of the probationary period (s. 15 A , para. 3, LK);
D. 7
Cancellation of the driver's licence (s. 15 A , para. 4, LK);
E. 8
Prohibition of movement (art. 19, para. 2 to 4, and 21 CRL, and s. 36 OAC);
F. 9
Prohibition of the use of a foreign driving licence (s. 45 OAC);
G. 10
Warning (s. 16, para. 2, LK);
H. 11
Prescription of a medical or psychological examination (art. 7, para. 1, 9, para. 1, 11 A , 11 B , para. 1, let. A and b, and 27, para. 1, OAC) as part of an administrative procedure;
I. 12
Prescription of conditions (art. 24 D OAC) in the context of an administrative procedure;
J. 13
Prescription of a new driving test (s. 14, para. 3, LCR and art. 28, para. 1 and 2, OAC);
K. 14
Convocation of a road education course as a supplementary training (art. 40 OAC);
L. 15
Revocation or amendment of the measures referred to in the let. A to k.

1 New content according to the c. I of the O of 28 seven. 2007, effective from 1 Er Jan 2008 ( RO 2007 5043 ).
2 New content according to the c. I of the O of 28 seven. 2007, effective from 1 Er Jan 2008 ( RO 2007 5043 ).
3 RS 741.522
4 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3320 ).
5 New content according to the c. I of the O of 27 Oct. 2004, in effect since 1 Er Dec. 2005 ( RO 2004 5073 ).
6 New content according to the c. I of the O of 27 Oct. 2004, in effect since 1 Er Dec. 2005 ( RO 2004 5073 ).
7 New content according to the c. I of the O of 27 Oct. 2004, in effect since 1 Er Dec. 2005 ( RO 2004 5073 ).
8 New content according to the c. I of the O of 27 Oct. 2004, in effect since 1 Er Dec. 2005 ( RO 2004 5073 ).
9 New content according to the c. I of the O of 27 Oct. 2004, in effect since 1 Er Dec. 2005 ( RO 2004 5073 ).
10 New content according to the c. I of the O of 27 Oct. 2004, in effect since 1 Er Dec. 2005 ( RO 2004 5073 ).
11 New content according to the c. I of the O of 27 Oct. 2004, in effect since 1 Er Dec. 2005 ( RO 2004 5073 ).
12 New content according to the c. I of the O of 27 Oct. 2004, in effect since 1 Er Dec. 2005 ( RO 2004 5073 ).
13 New content according to the c. I of the O of 27 Oct. 2004, in effect since 1 Er Dec. 2005 ( RO 2004 5073 ).
14 Introduced by c. I of the O of 27 Oct. 2004, in effect since 1 Er Dec. 2005 ( RO 2004 5073 ).
15 Introduced by c. I of the O of 27 Oct. 2004, in effect since 1 Er Dec. 2005 ( RO 2004 5073 ).

Art. 8 Data

The following data is entered in ADMAS:

A. 1
Personal identification number extracted from the driver's authorization register (FABER PIN);
B.
Cantonal reference number;
C. And d. ... 2
E.
Driving licence data:
1.
... 3
2.
Type of licence and class (s);
F.
Measurement data:
1.
Measure (s),
2.
Duration (in months) and the beginning and end of the measure (s),
3.
Up to three grounds of measurement,
4.
Indication of whether the offence caused a traffic accident,
5.
... 4
6.
Indication of the type of vehicle with which the offence was committed,
7.
Date of the offence,
8.
Decision-making authority and date of decision,
9. 5
Indication of whether the offence has been classified as serious, medium or mild;
G. 6
Personal data of persons domiciled abroad and data relating to measures taken against them;
H. 7
Personal data of persons who do not yet have a permit and data relating to measures taken against them.

1 New content according to the c. I of the O of 29 Nov 2006, in force since 1 Er Feb 2007 ( RO 2007 107 ).
2 Repealed by c. I of the O of 29 Nov 2006, with effect from 1 Er Feb 2007 ( RO 2007 107 ).
3 Repealed by c. I of the O of 29 Nov 2006, with effect from 1 Er Feb 2007 ( RO 2007 107 ).
4 Repealed by c. I of the O of 29 Nov 2006, with effect from 1 Er Feb 2007 ( RO 2007 107 ).
5 Introduced by ch. I of the O of 28 April 2004, in force since 1 Er Jan 2005 ( RO 2004 2871 ).
6 Introduced by c. I of the O of 28 seven. 2007, effective from 1 Er Jan 2008 ( RO 2007 5043 ).
7 Introduced by c. I of the O of 28 seven. 2007, effective from 1 Er Jan 2008 ( RO 2007 5043 ).

Art. Data entry and correction of erroneous entries

1 The data are recorded in ADMAS by the withdrawing authorities of the cantons and the Principality of Liechtenstein.

2 If the withdrawal authorities find erroneous entries, they themselves proceed with their rectification, complete or destruction.

3 The Federal Office monitors the completeness and reasonableness of the data introduced.

4 In the case of incomplete or implausible entries, the Federal Office shall order their rectification, complete or destruction by the withdrawing authorities or make the necessary adaptations themselves after agreement with these authorities.

Art. 10 1 Elimination of measures

1 Refusal and withdrawal of driver's licences, driving and driving licences, prohibitions to use and driving prohibitions are eliminated from ADMAS ten years after their expiry or revocation; other measures The are five years after entry into force.

2 The cancellation of the driver's licence is eliminated ten years after a new driver's licence is issued.

3 The elimination of the measures in the register shall be suspended if a new measure is recorded in the register; in this case, the measures shall be eliminated only after the expiry of all the periods calculated by the system.


1 New content according to the c. I of the O of 29 Nov 2006, in force since 1 Er Feb 2007 ( RO 2007 107 ).

Art. 11 Eliminating all ADMAS data about a person

All data about a person is disposed of from ADMAS:

A.
When all data relating to the measures relating to it has been eliminated;
B.
... 1
C.
Where the competent authority announces the death of the person.

1 Repealed by c. I of the O of 29 Nov 2006, with effect from 1 Er Feb 2007 ( RO 2007 107 ).

Art. 12 1 Resuming ADMAS data to other automated registries

1 The authorities of the cantons and the Principality of Liechtenstein with respect to the issue and revocation of driving licences may use data from ADMAS in their own data systems to the extent that they are guaranteed Protection and security and use them exclusively for:

A.
The admission of persons to road traffic;
B.
Communication to criminal prosecution authorities and criminal judicial authorities about the reputation of a person as a motorist.

2 The data from the ADMAS register may, in an anonymized form, be interspersed with those of the road accident analysis register, in accordance with Art. 1, let. B, of the order of 14 April 2010 on the road accident register (ORAR) 2 , for the purpose of conducting analyses according to s. 17 ORAR.


1 New content according to the c. I of the O of 14 April 2010, in force since 1 Er June 2010 ( RO 2010 1655 ).
2 RS 741.57

Section 4 Right to obtain information

Art. 13 Right of the data subject to obtain information and to rectify the data

1 Any person may request the withdrawal authority from his/her home to provide information about the data. The right to obtain information may also be exercised by the legal representative of persons incapable of discernment, but only in the name and in the interest of the person concerned. The applicant or his or her legal representative must justify his/her identity and submit a written request.

2 The authority provides, in a comprehensive manner, free and in writing, the information within 30 days of receipt of the request.

3 The persons referred to in para. 1 may require that the data concerning them be corrected, completed or eliminated from the register. The request shall be submitted in writing to the competent authority.

4 Requests for information and rectification by individuals domiciled abroad shall be transmitted by the Federal Office to the authority having made the final decision.

Art. 14 Pretentions and Procedure

The person concerned may assert his rights to obtain information and to correct it with the competent cantonal authorities, in accordance with the applicable cantonal law.

Art. 15 Communication of data to police authorities

The police authorities responsible for monitoring road traffic receive, in the cases in question, information from the withdrawing authority of the canton or the Principality of Liechtenstein, in order to know whether the permit at that time A driver, driver, or driving instructor of a suspicious person is removed, if the person is prohibited from using it, or if he or she has been refused.

Art. 16 Provision of data to foreign authorities

The Federal Office shall provide to the competent foreign authorities, at their request, information on the entries in ADMAS, to the extent that an international agreement or international agreement provides for such information, provided that Reciprocity shall be granted by the requesting State.

Section 5 Data Monitoring and Security

Art. 17 Data processing monitoring

1 The authorised authorities shall ensure, in their own field, that the data are processed in accordance with the requirements.

2 In particular, they ensure that only accurate and complete data are entered into ADMAS or announced to the competent body.

Art. 18 Organizational and technical measures

1 In order to safeguard their data against losses and to protect them against unauthorised treatment, consultation or subtraction, the competent authorities shall take the organisational and technical measures required, in accordance with the Data protection provisions. In particular, they regulate access to data terminals and ensure effective protection of work premises against unauthorised persons.

2 The Order of 14 June 1993 on the Federal Data Protection Act 1 , as well as s. 14 and 15 of the February 23, 2000, Order on Informatics in the Federal Government 2 , are applicable to the security of data security.

3 The Federal Office of Information Technology and Telecommunications is responsible for technical maintenance, compliance with security requirements and the management of access authorizations.


1 RS 235.11
2 [ RO 2000 1227 . RO 2003 3687 Annex, c. I 1]. See currently O of 26. 2003 (RS 172.010.58 )

Art. 19 Auto-logging

Automatic logging occurs as part of data processing; it indicates which user is responsible for the state of the data at the time and when the operation was performed.

Section 6 Statistics

Art. Statistics on ADMAS

The Federal Office publishes every year a statistic of the administrative measures relating to road traffic.

Art. Communication of data for statistical or research purposes

The provision of data in ADMAS for statistical or research purposes is governed by the provisions of the HPA and the Ordinance of 14 June 1993 on the Federal Law on Data Protection 1 And by the Act of 9 October 1992 on Federal Statistics 2 .


Section 7 Final provisions

Art. Amendment of the law in force

... 1


1 The amendment can be consulted in the RO 2000 2800 .

Art. Entry into force

This order shall enter into force on 1 Er January 2001.



RO 2000 2800



State 1 Er June 2010