¹ The police may use preliminary test equipment to determine if alcohol has been consumed.

² Where there are signs that the controlled person is incapable of driving because of a substance other than alcohol and has led a vehicle in that state, the police may order a preliminary test to detect the The presence of narcotics or drugs, especially in urine, saliva or sweat.

³ Tests shall be carried out in accordance with the manufacturer's requirements.

⁴ Other investigative measures should be waived where the result of the preliminary test is negative and there is no sign of a driver's inability to drive.

⁵ If the result of the preliminary test reveals the presence of alcohol or the police have given up the use of a preliminary test apparatus, they shall carry out a test by means of an ethylometer ¹ .

¹ The control carried out using the ethylometer may take place:

A.

No earlier than 20 minutes after the last alcohol consumption; or

B.

After the controlled person has rinsed the mouth, as indicated by the manufacturer of the device.

² Controls must be carried out with the use of ethylometers to convert the measured alcohol level to the breath (mg/l) with a factor of 2000 l/kg in blood alcohol (g/kg). ¹

³ The OFROU rules the handling of devices used to control the rate of alcohol using the ethylometer. ²

⁴ Two measures need to be taken. If they differ by more than 0.10 per thousand, two new measures should be taken. If the difference is more than 0.10 per mile and if there are indications of alcohol consumption, a blood test should be ordered.

⁵ The person concerned may recognise by signing the lower result of the two measures if the latter corresponds to the following blood alcohol levels:

A.

For persons driving a motor vehicle: 0.50 per mile or more, but less than 0.80;

B.

For persons driving a non-motorized vehicle or a moped: 0.50 per thousand or more, but less than 1.10;

C.

For persons subject to the prohibition of driving under the influence of alcohol referred to in s. 2 A , para. 1, OCR ³ : 0.10 per thousand or more, but less than 0.50. ⁴

⁶ ... ⁵

¹ A blood test should be ordered when:

A. ¹

The lower result of the two measurements using the ethylometer:

1.

Is the following blood alcohol levels:

-

For persons driving a motor vehicle: 0.80 per thousand or more,

-

For persons driving a non-motorized vehicle or a moped: 1.10 per thousand or more,

2.

May be recognized by the person concerned by means of his or her signature in accordance with s. 11, para. 5, but that it did not recognize the result,

3.

Corresponds to a blood alcohol level of 0.30 000 000 or more and the person concerned is suspected of driving a vehicle in a state of drinking two or more hours before the control;

B.

There are signs that the controlled person is unable to drive because of a substance other than alcohol and has driven a vehicle in that condition;

C.

It is not possible to carry out a preliminary test or control with the use of the ethylometer and there are indications that there is an inability to drive.

² It is also possible to order the collection of urine when there are indications that the person concerned is incapable of driving because of a substance other than alcohol and that it has led a vehicle in that state.

³ If it is not possible to determine, among several persons, the person driving the vehicle, all of them may be subject to examination.

¹ In particular, the police must inform the person concerned:

A.

A blood test will be ordered in the event of a refusal to cooperate with a preliminary test or control using the breathalyzer (art. 55, para. 3, LK);

B.

The acceptance of the result of the control by means of the ethylometer will result in the introduction of an administrative procedure and a criminal procedure.

² If the person concerned refuses to undergo a preliminary examination, a check with the ethylometer, a blood test, a urine collection or a medical examination, the person concerned will be informed of the consequences of his refusal (art. 16 C , para. 1, let. D, in relation to para. 2 and art. 91 A , para. 1, LK).

³ The conduct of the control by means of the ethylometer, the collection of urine, the findings of the police, the recognition of the result of that control and the mandate to carry out a blood collection and the collection of urine, or Confirmation of the terms of reference must be recorded in a report. The OFROU sets minimum requirements for the content and format of this report.

¹ The blood collection must be carried out by a physician or by a qualified assistant designated by the physician and acting under the physician's responsibility. The harvest of urine is done under the appropriate visual control of a qualified person.

² The container containing the blood or urine shall be equipped with inscriptions avoiding any confusion, placed in a packing suitable for transport, kept at low temperature and sent for analysis by the quickest means to a laboratory recognized by OFROU.

³ On the proposal of the cantons, the OFROU recognises the laboratories equipped with the facilities required for forensic tests of blood and urine and guarantees the quality of examinations. He supervises or supervises the activities of these laboratories.

¹ When a blood sample has been ordered, the doctor appointed for this purpose will also examine whether the suspect has evidence of driving disability which, due to alcohol, drug or medication use, may be Medically recognized. The OFROU defines the minimum requirements for the form and content of the corresponding report.

² The competent authority may release the doctor from the obligation to carry out an examination if the person concerned does not present, in his or her behaviour, any indication of another cause of incapacity to drive than alcohol.

¹ The results of the analysis of blood and urine shall be subject to the assessment of recognised experts, to the attention of the competent authority, for the criminal sanction and the withdrawal of the permit, as to their scope on driving capacity, where:

A.

There is evidence that the blood contains a substance that reduces the capacity to drive other than alcohol or a substance referred to in s. 2, para. 2, OCR ¹ ;

B.

A person has consumed on a medical prescription a substance referred to in s. 2, para. 2, OCR, but there are indications of an inability to drive.

² The expert shall take into account the findings of the police, the results of the medical examination and those of the chemical and toxicological examination, and shall give reasons for the conclusions drawn.

³ On the proposal of the laboratories, the OFROU recognizes the quality of experts who:

A.

Justify a medical examiner or toxicologist degree, or equivalent training in Switzerland or abroad, and

B.

Justify thorough theoretical and practical knowledge in interpreting the results of chemical analyses on their influence on driving ability.

It is also possible to observe the bridle or the influence of a substance that reduces the ability to drive, other than alcohol, according to the condition and behaviour of the person suspected or the indications obtained on the quantity consumed, In particular where the control by means of the ethylometer, the preliminary drug or drug test or the blood collection could not be carried out.

The OFROU rules the other requirements concerning the procedure for finding an inability to drive under the influence of alcohol, drugs or drugs.

Drivers enjoying diplomatic or consular privileges or immunities may not, without their consent, be tested for the inability to drive.

¹ The duration of the work, driving and rest of motor vehicle drivers subject to the OTR 1 ² And to OTR 2 ³ Are subject to controls.

² For drivers subject to the ITO 1, the cantonal authorities shall ensure that, each year, checks are carried out on at least 3 % of the working days; at least 30 % of these checks must be carried out in the framework of road checks And at least 50 % when carrying out business checks.

On the road, the police shall, in particular, monitor compliance with the provisions concerning:

A.

Daily driving times;

B.

Breaks;

C.

Daily rest periods;

D.

The last weekly rest period;

E.

The presence on board the vehicle and the holding of the means of control;

F.

The handling and proper functioning of the tachograph.

¹ Corporate controls take place at the company's head office or branch offices. If a vehicle is not registered in the canton of the headquarters of the undertaking or of one of its branches, the canton in which it is registered shall inform the authority empowered to carry out the control.

² Company controls must be carried out in particular:

A.

If serious infringements have been found in road checks; or

B.

If there is a suspicion of an offence committed by the employer.

³ The controls referred to in para. 2 are included in the controls referred to in s. 20.

⁴ Instead of taking place on the spot, control can be carried out on the basis of control documents. If the company enters all the data using the means of control referred to in s. 13, let. B, c and d, OTR 1 ¹ Or art. 16 A OTR 2 ² , it may, by taking the necessary precautions, transmit it electronically to the competent authority, in the form requested by the competent authority. ³

⁵ If possible, the assessment shall be based on the means of control of at least one month.

⁶ Controls include the following:

A.

The points to be checked under Art. 21;

B.

Daily driving periods between two weekly rest periods;

C.

Driving periods over one or two weeks;

D.

Maximum weekly working time;

E.

Where applicable, the total overtime worked in a calendar year;

F.

Weekly rest periods;

G.

Compensation for the reduction of daily or weekly rest periods;

H.

The use and conservation of controls;

I.

Summary of work, driving and rest periods;

J.

Downloading data from the digital tachograph.

The cantonal authorities shall ensure sufficient control of the technical condition of the vehicles.

¹ At least one of the following control procedures must be performed:

A.

Visual inspection of vehicle maintenance status at the stop;

B.

Review of documents evidencing:

1.

A recent control of the vehicle's technical condition (s. 4),

2.

The last subsequent control under s. 33 OETV ¹ Foreign legislation;

C.

Technical inspection to detect maintenance deficiencies in respect of one, several or all of the points covered by the control in accordance with Annex I, c. 10, Directive 2000 /30/EC ² ;

D.

Inspection defined in s. 33, para. 1 ^Bis , OETV if the maintenance defects, in particular a malfunction of the braking devices, risk compromising safety.

² The inspection of braking devices and exhaust emissions shall be carried out in accordance with the provisions of Annex II to Directive 2000 /30/EC.

³ Prior to the technical inspection referred to in para. 1, let. C, the documents referred to in para. 1, let. B. Points for which a certificate provides evidence that they have already been tested in the last three months must be tested only in the event of a manifest defect or non-compliance with the documents referred to in para. 1, let. B.

⁴ After the technical inspection referred to in para. 1, let. C and d, the report referred to in Annex I to Directive 2000 /30/EC shall be given to the driver. The OFROU defines the form and content of this report.

⁵ Road checks on the technical state of commercial vehicles are not announced by the competent authority.

¹ Based on the maintenance sheet (s. 35, para. 4, OETV ¹ ), the police control whether the holder of the vehicles subject to the maintenance obligation under Art. 59 A OCR ² Has carried out the maintenance service of the pollution control system.

² It may carry out subsequent inspections of exhaust gases according to Art. 36 OETV on the road and in cooperation with the registration authority.

¹ The control of the transport of dangerous goods must be in accordance with the list in Annex I to Directive 95 /50/EC ¹ .

² The cantonal authorities shall ensure that a representative proportion of road transport of dangerous goods is subject to controls.

³ A completed checklist or certification will be given to the driver once the control has been completed.

⁴ Before a check is carried out, it is appropriate to take into account the list or the possible attestation of a recent check. Control will, if necessary, be reduced to the minimum necessary.

⁵ The OFROU defines the form and contents of the checklist and certification.

¹ The cantonal authorities carry out checks in companies that send, transport or receive dangerous goods.

² If an infringement of the requirements for the carriage of dangerous goods is found in an undertaking control, the envisaged transport shall be brought into conformity prior to the departure of the vehicle or subject to the appropriate measures.

¹ Samples of goods or packaging may be taken during checks carried out on the road or in the undertaking.

² Samples of the transported products may be collected provided that this does not constitute a safety hazard. They shall be sent, for examination, to a laboratory recognised by the competent cantonal authority.

³ If the products transported are not in the regulatory state, transport may be prohibited or the packaging seized.

¹ The police shall ensure that the vehicle, including its loading, is returned to the prescribed state before it takes up the road.

² In the case of overcharges which cannot be sanctioned in accordance with the procedure for fines, it orders the transfer or unloading of the vehicle to the authorised weight and supervises the operation.

³ If the compulsory maintenance service of the anti-pollution system has not been carried out, it shall order that it be carried out.

The police prevented the driver from returning to the road:

A.

If he or she is not the holder of the driver's licence required or has led despite the refusal or withdrawal of the permit;

B.

If it is in a state that does not allow it to safely drive a vehicle for which the driver's licence is not required;

C.

If the control with an ethoxometer indicates a blood alcohol level of 0.50 per thousand or more;

C ^Bis . ¹

If the control by means of a breathalyser reveals a blood alcohol level of 0.10 per thousand or more, and the driver is subject to the prohibition of driving under the influence of the alcohol referred to in s. 2 A , para. 1, OCR;

D.

If the driver does not observe a visual capacity requirement;

E.

If it does not observe a possible restriction in the driver's licence relating to the use of a vehicle adapted to its infirmity or size;

F.

He drives a motor vehicle that is authorized to operate without a traffic permit or control plates under s. 72 OAC ² , and one or more of the grounds listed in s. 32 are at issue.

¹ The police seizes the driver's licence or the driver's licence immediately if the driver:

A.

Is clearly a drink or has an alcohol level in the blood of 0.80 per thousand or more determined by a breathalyzer;

B.

Is clearly unable to drive for other reasons; or

C.

Conducts a learning race without being accompanied in accordance with the requirements.

² The driver's licence or driver's licence may be seized when the driver puts the traffic at risk, in particular if:

A.

Exceeds the maximum permitted speed of more than 30 km/h within the localities, 35 km/h outside the localities or 40 km/h on a motorway;

B.

Makes a U-turn, passes through the central berm, circulates backwards or backwards on a highway or semi-authoritarian;

C.

Runs an overrun on a stretch of road that is not free or has no visibility; or

D.

Causes an accident resulting in the death of a person or bodily harm because he has seriously violated the rules of traffic.

³ The seizure of the driver's licence or driving licence for a specific category, sub-category or special category shall result in the entry of the driver's licence or driving licence for all categories, sub-categories and Special categories, until the permit is returned or the competent authority to pronounce the withdrawal has adopted its decision.

¹ Police seize traffic permit on-the-spot:

A.

If the prescribed insurance for the vehicle is missing;

B.

If, on the occasion of a control of the carriage of dangerous goods by road, it finds that a breach of the determining requirements in the matter directly threatens the safety of other road users and that the regulatory state does not Can be re-established on site.

² A traffic permit may be seized if the vehicle, due to its condition or loading, poses a danger to the circulation or cause of the noise that could be avoided or if the traffic permit and the plates are misused.

³ Seizure of the traffic permit also results in the seizure of the plates and the ban on the resumption of the road. The vehicle can be seized and controlled.

¹ The supervisory body shall confirm in writing the seizure of the driver's licence, the driving licence and the driving licence and the ban on the resumption of the road, indicating the legal consequences of such measures.

² The driving and driving licences seized shall be transmitted to the authority of the canton of domicile responsible for the withdrawal of licences; the plates and the traffic permits seized, to the authority responsible for the withdrawal of licences from the canton of parking Of the vehicle. The police report will be attached in both cases.

³ If the reasons for the seizure of a permit or the ban on the resumption of the road become moot, the permit, the plates and the vehicle shall be returned immediately, with permission to use it.

¹ The seizure of the traffic permit and the plates, the prohibition of the resumption of the road or the seizure of the vehicle are admissible in the case of foreign vehicles which are manifestly in a non-regulatory state.

² Seizure of foreign plates and permits is also admissible if the permits or plates are misused. Art. 60, c. 4, 2 ^E Sentence, of the order of 20 November 1959 on the insurance of vehicles ¹ Is reserved.

³ Measures ordered by para. 1 must be cancelled when the offending vehicle is in the prescribed state again. If it is not possible to restore it, the cantonal authority cancels the licences and destroys or renders the plates obsolete. It sends the licences to the registration authority by announcing that the plates have been destroyed or made obsolete. The holder may require the return of the plates which have become obsolete or proof of their destruction.

¹ If drivers enjoying diplomatic or consular privileges or immunities commit traffic offences, they may be held for identity verification. They must present the ID card issued by the Federal Department of Foreign Affairs.

² Neither the identity papers nor the driving or driving licences will be seized.

³ The police will prevent the driver from returning to the road if the driver or vehicle is in a state of serious danger to traffic.

The police shall communicate to the competent authority in the field of road traffic in the canton of domicile of the author the denunciations for infringement of the relevant requirements. There is no need to disclose denunciations made under s. 6, para. 3, last sentence, of the Law of 24 June 1970 on fines of order ¹ .

If the police are informed of facts, such as serious illnesses or substance abuse, which may result in a refusal or withdrawal of the permit, they shall notify the competent authority in respect of road traffic.

The police shall inform the registration authority of vehicles which have suffered significant damage in accidents or with serious malfunctions during inspections.

The Federal Department of Foreign Affairs shall immediately report to the Federal Department of Foreign Affairs the offences recorded by drivers enjoying diplomatic or consular privileges or immunities. The same applies when the ban on the resumption of the road had to be imposed under s. 35, para. 3. This communication indicates the vehicle and the identity of the driver.

¹ The cantons communicate annually to the OFROU:

A.

Data identified in the controls of dangerous goods within the meaning of s. 48, paragraph b, c. 1;

B.

The data identified in the technical checks within the meaning of Art. 48, paragraph b, c. 2;

C.

The data identified in the checks of periods of work, driving and rest within the meaning of Art. 48, paragraph b, c. 3;

D.

The number of enterprises established in their territory and those submitted to the ITO 1 ¹ , have been monitored;

E.

Offences committed in relation to periods of work, driving and rest by foreign drivers in Switzerland and the penalties imposed and penalties for offences committed by Swiss drivers in a Member State of The European Union.

² The OFROU shall rule on the terms and conditions of the communications and the procedure relating thereto.

¹ The cantons communicate to the OFT:

A.

Offences within the meaning of s. 40 to 42 and actions taken accordingly;

B.

Other serious or repeated infringements found in the checks carried out in accordance with this order.

² Offences which only result in a fine of order will not be communicated.

³ The OFROU regulates, in agreement with the OFT, the terms and conditions of the communications and the procedure relating to them in respect of infringements of the provisions relating to the carriage of passengers and the admission of motor carriers.

¹ The OFROU sends a report:

A.

To the Commission of the European Union:

1.

Annually, concerning controls on dangerous goods,

2.

Every two years, concerning checks on periods of work, driving and rest periods and technical checks;

B. ¹

The International Transport Forum of the Organisation for Economic Coordination and Development, every two years, concerning checks on periods of work, driving and rest periods.

¹ In collaboration with the cantons and the Directorate General of Customs, the OFROU maintains a centralised database.

² The database is used:

A.

To establish the statistics relating to controls carried out in accordance with this order;

B. ¹

To prepare the report for the European Commission and the International Transport Forum concerning the controls carried out in accordance with this order.

³ No person shall treat any data (art. 44 to 46 and 48) that relates to an identified or identifiable individual.

⁴ The OFROU enacts the necessary technical and administrative guidelines, including the processing regulations.

The database contains the following data:

A.

As statistics:

1.

Type of control,

2.

Authority that runs the control,

3.

Place of control,

4.

Duration of control,

5.

Type and number of vehicles controlled and number of drivers controlled,

6.

Nationality of the controlled driver,

7.

State of registration of controlled vehicles,

8.

Type and number of offences detected,

9.

Gender and number of measures ordered;

B.

As a report:

1.

On controls on dangerous goods:

-

The estimated or estimated transport of dangerous goods in tonnes or tonne-kilometres,

-

Number of checks carried out,

-

Number of vehicles controlled, classified by States of registration,

-

Type and number of offences detected,

-

Type and number of measures ordered,

2.

On technical controls:

-

Number of commercial vehicles controlled, classified by categories of vehicles and States of registration,

-

Type and number of defects found,

-

Type and number of measures ordered,

3.

On the supervision of periods of work, driving and rest:

-

Number of drivers concerned by road control, classified by nationality, transport of persons and transport of goods,

-

Number of drivers concerned by enterprise control, classified by transport of persons and by transport of goods,

-

Number of working days identified by road control, classified by transport of persons and by transport of goods,

-

Number of working days identified by company control, classified by transport of persons and by transport of goods,

-

Number of companies controlled,

-

Type and number of violations found.