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RS 741.53 Order of 23 August 2000 on the register of driving licences

Original Language Title: RS 741.53 Ordonnance du 23 août 2000 sur le registre des autorisations de conduire

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741.53

Order in the Register of Driving Authorizations 1

On 23 August 2000 (State 1 Er October 2011)

The Swiss Federal Council,

See art. 104 C Federal Law of 19 December 1958 on Road Traffic 2 , given art. 7, para. 2, 16, para. 2, and 36, para. 1, of the Federal Law of 19 June 1992 on Data Protection (LPD) 3 , 4

Stops:

Art. 1 1 Purpose

1 Federal Roads Office (OFROU 2 ) Manages an automated register of driving authorizations (FABER) in collaboration with the cantons. 3

2 FABER is used for issuing driver's licences, driving and driving licences, controlling civil and military driving licences, and establishing the statistics of driving licences.


1 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
2 New expression according to c. I of the O of June 29, 2011, in force since 1 Er Oct. 2011 ( RO 2011 3903 ). This amendment has been taken into account throughout this text.
3 New content according to the c. I of the O of March 29, 2006, in force since 1 Er Nov. 2006 ( RO 2006 1685 ).

Art. 2 1

1 Repealed by c. I of the O of 3 July 2002 ( RO 2002 3316 ).

Art. 3 Contents of FABER 1

The following data is entered in FABER: 2

A.
Data for primary identification
1.
The personal identification number (PIN) assigned by the system,
2. 3
Identification of records;
B.
Person Data
1.
Family name,
2.
The name at birth,
3.
The first name (s),
4.
Gender,
5.
Date of birth,
6.
The language in which the permit was issued,
7.
Place of origin/place of birth,
8.
Nationality,
9. 4
Digital passport photo,
10. 5 The date of entry of the digital passport photo,
11. 6 Digitalized signature
12. 7 The date the digital signature was entered,
13. 8 The date of the last medical examination,
14. 9
The date of the next medical examination
15. 10
The interval between medical examinations;
C.
Address of place of residence
1.
The current address
2.
The mailing address,
3.
The previous address;
D.
Control Information
1. 11
The date of the first entry in FABER,
2.
The date of the last deployment;
E.
Permit Data
1.
The type of licence,
2.
The condition of the permit,
3.
The current licence number,
4.
The draft card number, on the driver's licence in the form of a credit card (specimen),
5.
The date of issue,
6. 12
The issuing authority (canton),
7.
The due date,
8.
Additional data,
9. And 10.
... 13
11. 14 The current withdrawal of licences, prohibitions against use and driving prohibitions pronounced by the Swiss or Liechtenstein authorities,
12. 15 The current withdrawal of licences, prohibitions against the use and prohibition of movement by foreign authorities against persons who, domiciled in Switzerland or the Principality of Liechtenstein, possess a foreign licence Driver or driver;
F.
Category Data
1.
The licence class,
2.
The date of the examination,
3.
The place of the examination (canton or State),
4.
The due date,
5.
Restrictions,
6. 16
The current withdrawals and prohibitions against the use of certain categories decided by the Swiss or Liechtenstein authorities,
7. 17
The current withdrawals and prohibitions against the use of certain categories by foreign authorities against persons domiciled in Switzerland and in the Principality of Liechtenstein with a foreign student's licence Driver or driver.

1 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
2 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
3 New content according to the c. I of the O of March 29, 2006, in force since 1 Er Nov. 2006 ( RO 2006 1685 ).
4 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
5 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
6 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
7 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
8 Introduced by ch. I of the O of June 29, 2011, in force since 1 Er Oct. 2011 ( RO 2011 3903 ).
9 Introduced by ch. I of the O of June 29, 2011, in force since 1 Er Oct. 2011 ( RO 2011 3903 ).
10 Introduced by ch. I of the O of June 29, 2011, in force since 1 Er Oct. 2011 ( RO 2011 3903 ).
11 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
12 New content according to the c. I of the O of March 29, 2006, in force since 1 Er Nov. 2006 ( RO 2006 1685 ).
13 Repealed by c. I of the O of June 29, 2011, with effect from 1 Er Oct. 2011 ( RO 2011 3903 ).
14 Introduced by ch. I of the O of 3 July 2002 ( RO 2002 3316 ). New content according to the c. I of the O of 29 Nov 2006, in force since 1 Er Feb 2007 (RO 2007 105).
15 Introduced by ch. I of the O of 3 July 2002 ( RO 2002 3316 ). New content according to the c. I of the O of 29 Nov 2006, in force since 1 Er Feb 2007 (RO 2007 105).
16 Introduced by ch. I of the O of 3 July 2002 ( RO 2002 3316 ). New content according to the c. I of the O of 29 Nov 2006, in force since 1 Er Feb 2007 (RO 2007 105).
17 Introduced by ch. I of the O of 3 July 2002 ( RO 2002 3316 ). New content according to the c. I of the O of 29 Nov 2006, in force since 1 Er Feb 2007 (RO 2007 105).

Art. 4 Authorities Participating in the Management of FABER and Skills

1 The cantonal authorities responsible for issuing driver's licences, driving and driving licences shall seize the data referred to in Art. 3 and perform all the mutations in their data system and then transmit them to FABER. 1

1bis The Swiss traffic police as well as the customs authorities responsible for tasks in this field register immediately in FABER any withdrawal of the driving licence and any prohibition of movement on site (Art. 3, paragraph e, c. 11 and 12, and f, c. 6 and 7). 2

1ter The registration provided in accordance with para. 1 Bis Automatically clears after 10 days if the withdrawal authority has not made a deployment. 3

2 The Office for Traffic and Navigation of the Army 4 Processes data on military driving authorizations.

3 The OFROU controls whether the data introduced and the mutations made are complete and plausible.

4 Where entries are incomplete or incorrect, the OFROU requests the service of the administration which has introduced the data into the system to correct them, to supplement them or to erase them, or it itself makes the necessary adaptations After consultation with the said service.


1 New content according to the c. I of the O of March 29, 2006, in force since 1 Er Nov. 2006 ( RO 2006 1685 ).
2 Introduced by ch. I of the O of 3 July 2002 ( RO 2002 3316 ). New content according to the c. I of the O of March 29, 2006, in force since 1 Er Nov. 2006 (RO 2006 1685).
3 Introduced by ch. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
4 New expression according to c. I of the O of 3. 2003 ( RO 2003 3375 ).

Art. 5 Access Authorization and Appeal Procedure

1 Only the OFROU, the Office for Road Traffic and the Navigation of the Army, the cantonal authorities responsible for issuing and withdrawing driver's licences, driving and driving licences are authorised to consult the full data. Of a driver's monitor and in the matter of entering and transferring the data of the driver cards according to the art. 3, para. 2, of the order of 29 March 2006 on the register of tachograph cards (ORCT) 1 As well as, in the framework of the procedures for assessing traffic offences, the criminal prosecution authorities and the criminal judicial authorities of Switzerland, as follows:

A.
PIN;
B.
Identification of records;
C.
The PIN and current licence number;
D.
The name;
E.
The name and year of birth;
F.
The name and date of birth;
G.
The name and first name (s);
H.
The name, first name (s) and year of birth;
I.
The name, first name (s) and date of birth;
J.
Name and home. 2

2 The traffic police and the customs authorities have access, according to the same poll criteria, to the data necessary for the control of driving licences. Data on medical controls (art. 3, paragraph e, c. 9 and 10) are not included. 3


1 RS 822.223
2 New content according to the c. I of the O of March 29, 2006, in force since 1 Er Nov. 2006 ( RO 2006 1685 ).
3 Introduced by ch. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).

Art. 5 A 1 Recover FABER data in other automated registries

1 The police forces of Switzerland as well as the customs authorities responsible for road police tasks may resume FABER data in their own data systems, to the extent that they guarantee protection and safety. Use exclusively for the purpose of preparing reports or minutes in connection with the search for persons or vehicles or for criminal prosecution.

2 The cantonal authorities responsible for controlling, entering and transferring data from the driver card of the digital tachograph may copy data from FABER in the tachograph card register (RCT), adjust data Or refer to FABER data. The provisions of the RCT 2 Also apply to data security and data protection.

3 The competent authorities may copy data from FABER, adjust data or refer to FABER data, provided that this is necessary for the performance of their legal tasks:

A.
The granting of a driver's licence under s. 11 of the Order of 27 October 1976 regulating admission to road traffic 3 ;
B.
Grant of a certificate of capacity in accordance with s. 9, para. 3, of the order of 15 June 2007 fixing the admission of drivers 4 ;
C.
Issuing a certificate for dangerous goods in accordance with the order of 29 November 2002 on the transport of dangerous goods by road 5 ;
D.
The granting of a driving licence in accordance with the order of 28 September 2007 on driving instructors 6 ;
E.
Supervision of additional compulsory training for new drivers as part of the two-phase training according to Title 12 B Of the order of 27 October 1976 regulating admission to road traffic 7 ;
F.
Control of mandatory training and refresher courses for instructors of conduct under s. 22 of the order of 28 September 2007 on driving instructors. 8

4 Data from FABER can:

A.
Be included in the road accident registry in accordance with s. 1, let. A, of the order of 14 April 2010 on the road accident register (ORAR) 9 , for the following purposes:
1.
Verification and complete personal data,
2.
Searching for Personal Identification Number (PIN FABER)
B.
Be cross-checked, in an anonymized form, with data from the road accident analysis log, in accordance with s. 1, let. B, of the ORAR, for the purpose of conducting analyses according to s. 17 ORAR. 10

1 Introduced by ch. I of the O of 3. 2003 ( RO 2003 3375 ). New content according to the c. I of the O of March 29, 2006, in force since 1 Er Nov. 2006 (RO 2006 1685).
2 RS 822.223
3 RS 741.51
4 RS 741.521
5 RS 741.621
6 RS 741.522
7 RS 741.51 See also instr. Of Dec 3. 2004 on two-phase training (http://www.astra.admin.ch/themen/ausbildung).
8 Introduced by ch. I of O du 22 oct. 2008 ( RO 2008 5575 ). New content according to the c. I of the O of June 29, 2011, in force since 1 Er Oct. 2011 (RO 2011 3903).
9 RS 741.57
10 Introduced by ch. I of the O of 14 April 2010, in force since 1 Er June 2010 ( RO 2010 1653 ).

Art. 6 Right of the data subject to obtain information and corrections

1 Any person may apply to the authority of his/her canton of domicile for the issuing of a driver's licence, to conduct and monitor information on his or her own data. In the case of persons who are incapable of discernment, the right to obtain information is also conferred on their legal representative, but only on behalf of the person concerned and in defence of their interests. 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 incorrect data to be corrected, completed or disposed of by FABER. The request shall be submitted in writing to the competent authority. 1

4 The OFROU transmits to the authority that made the last deployment in FABRIC the questions and requests for rectification of data originating from individuals domiciled abroad. 2


1 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
2 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).

Art. 7 1 Change of residence

When a person transfers his or her residence to another canton, the new home canton rectifies the address in FABER. The former canton of residence receives a notice of deployment.


1 New content according to the c. I of the O of March 29, 2006, in force since 1 Er Nov. 2006 ( RO 2006 1685 ).

Art. 8 1 Data Removal; Archiving

1 If a person voluntarily renounces his licence or the competent authority announces the death of a person, the relevant data shall be removed from the FABER by the competent cantonal authority for the issuing of a driver's licence, Driving and driving instructor. 2

2 The OFROU ensures that the data disposed of remain available offline for five years.


1 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
2 New content according to the c. I of the O of March 29, 2006, in force since 1 Er Nov. 2006 ( RO 2006 1685 ).

Art. Data security and logging

1 In order to ensure data security, the authorities having access to FABER are obliged to comply with the provisions of the Ordinance of 14 June 1993 on the Federal Law on Data Protection 1 And the computer security section of the February 23, 2000, Order on Informatics and Telecommunications Ordinance in the Federal Government 2 .

2 As part of data processing, the system itself logs the users who are responsible for the current state of the data and when the operation was performed.


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. 10 Internal control of data protection

In order to safeguard their data and protect them against unauthorised treatment, consultation or subtraction, the authorities with access to FABER shall take the necessary structural and technical measures.

Art. 11 Accountability and oversight

1 The responsibility for the accuracy and currency of the data entered is assumed by the service of the administration that introduces the data into the system.

2 The OFROU of computing and telecommunications is responsible for technical maintenance, compliance with security requirements, and the management of access authorizations.

Art. 11 A 1 Driver Entitlement Statistics

The OFROU publishes statistics on driving authorizations each year.


1 Introduced by ch. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).

Art. 11 B 1 Communication of data for statistical or research purposes

The communication, for statistical or research purposes, of data recorded in FABER is subject to the provisions of the HPA, of the order of 14 June 1993 on the Federal Law on Data Protection 2 Federal Statistics Act of October 9, 1992 3 .


1 Introduced by ch. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
2 RS 235.11
3 RS 431.01

Art. 11 C 1 Provision of data to foreign authorities

It is permissible to communicate data to foreign authorities provided that an international agreement provides for it and that the foreign state grants reciprocity.


1 Introduced by ch. I of the O of 27 Oct. 2004, in effect since 1 Er Feb 2005 ( RO 2004 5071 ).

Art. 12 Entry into force

This order shall enter into force on 1 Er October 2000.



RO 2000 2300


1 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).
2 RS 741.01
3 RS 235.1
4 New content according to the c. I of the O of 3 July 2002, in force since 1 Er April 2003 ( RO 2002 3316 ).


State 1 Er October 2011