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RS 0.741.16 European Convention of 3 June 1976 on the international effects of the disqualification of the right to drive a motor vehicle (with annex)

Original Language Title: RS 0.741.16 Convention européenne du 3 juin 1976 sur les effets internationaux de la déchéance du droit de conduire un véhicule à moteur (avec annexe)

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0.741.16

Original text

European Convention on the International Effects of the disqualification of the right to drive a motor vehicle

Conclue in Brussels on 3 June 1976
Approved by the Federal Assembly on March 8, 1978 1
Instrument of ratification deposited by Switzerland on 10 May 1978
Entry into force for Switzerland on 28 April 1983

(State on 27 September 2010)

Preamble

The member States of the Council of Europe, signatories to this Convention,

Given the considerable number of traffic accidents and the seriousness of their consequences;

Taking the view that it is of the utmost importance for the safety of traffic to combat traffic offences by adequate means;

Considering that, apart from other measures of a preventive or repressive nature, the disqualification of the right to drive is, for this purpose, an effective means;

Taking the view that the increase in international circulation justifies an intensification of efforts to harmonise national legislation and to ensure that decisions on the disqualification of the right to conduct effects outside the State which are Ordered;

Whereas this cooperation has already been advocated in Resolution (71) 28 of the Committee of Ministers of the Council of Europe on the disqualification of driving a motor vehicle;

Whereas the aim of the Council of Europe is to achieve a closer union among its Members, have agreed as follows:

Title I Definitions

Art. 1

Under this Convention:

(a)
The expression 'forfeiture of the right to drive' (hereinafter referred to as 'lapsing') means any definitive measure which is intended to restrict the driving right of the driver who has committed a traffic offence. This measure may consist of either a principal or an ancillary or a security measure and may have been taken both by a judicial authority and by an administrative authority;
(b)
The term "road offence" means any offence provided for in the list entitled "Common Fund for Road Offences" annexed to this Convention.

Title II Effects of lapse

Art. 2

The Contracting Party which has declared lapse shall promptly notify the Contracting Party which issued the driver's licence and that in the territory of which the offender habitually resides.

Art. 3

The Contracting Party which has been notified of such a decision may declare in its legislation the disqualification which it would have considered useful to pronounce, if the facts and circumstances which prompted the intervention of the other Contracting Party Had taken place in its own territory.

Art. 4

If it has been requested, the Contracting Party to which the notification is made is required to make known the sequel which has been given.

Art. 5

This Convention does not limit the right of Contracting Parties to apply the measures provided for in their legislation.

Title III Procedure

Art. 6

(1) The Contracting Parties shall make known, by declaration addressed to the Secretary General of the Council of Europe, the authorities empowered to transmit and receive the notifications provided for in Art. 2 and any other communication which may result from the application of this Convention.

(2) Such notifications shall be accompanied by a certified copy of the decision declaring the disqualification with a statement of facts.

(3) If the Contracting Party to which the notification is made is of the opinion that the information provided is insufficient to enable it to apply this Convention, it shall request additional information and possibly Communication of a copy of the record of the proceedings.

Art. 7

The Contracting Parties shall extend their international mutual assistance rules in criminal matters to the measures necessary for the implementation of this Convention.

Art. 8

(1) Subject to the provisions of subs. 2 of this Article, the translation of the notifications and annexes may not be required.

(2) Any State may, at the time of signature or the deposit of its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe, reserve the right to require that the Shall be accompanied either by a translation into his or her own language, or by a translation into any of the official languages of the Council of Europe, or in that of those languages which it will indicate. The other Contracting Parties may apply the reciprocity rule.

Art.

Documents transmitted under this Convention shall be exempt from all formalities of legalization.

Art. 10

The Contracting Parties shall waive each other's claim for reimbursement of the costs resulting from the application of this Convention.

Title IV Final provisions

Art. 11

(1) This Convention shall be open for signature by member States of the Council of Europe. It will be ratified, accepted or approved. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

(2) The Convention shall enter into force three months after the date of the deposit of the third instrument of ratification, acceptance or approval.

(3) It shall enter into force in respect of any signatory State ratifying, accepting or approving it later, three months after the date of the deposit of its instrument of ratification, acceptance or approval.

Art. 12

(1) After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council to accede to this Convention.

(2) Accession shall be effected by the deposit, by the Secretary General of the Council of Europe, of an instrument of accession which shall take effect three months after the date of its deposit.

Art. 13

(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.

(2) Any State may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession, or at any other time thereafter, extend the application of this Convention by declaration addressed to the Secretary General of the Council of Europe, in any other territory designated in the declaration and for which it ensures international relations.

(3) Any declaration made under the preceding paragraph may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect six months after the date of receipt of the notification by the Secretary General of the Council of Europe.

Art. 14

(1) If two or more Contracting Parties establish or come to establish their relations on the basis of uniform legislation or a special regime of reciprocity imposing greater obligations on them, they shall have the right to To settle their mutual relations in the matter solely on the basis of these systems.

(2) The Contracting Parties which are to exclude from their mutual relations the application of this Convention in accordance with s. 1 of this Article, shall make a notification to the Secretary General of the Council of Europe for this purpose.

Art. 15

(1) Any Contracting Party may, as far as it is concerned, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.

(2) Denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.

Art. 16

The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention:

(a)
Any signature;
(b)
The deposit of any instrument of ratification, acceptance, approval or accession;
(c)
Any date of entry into force of this Convention in accordance with its art. 11;
(d)
Any statement received pursuant to the provisions of s. 1 of the art. 6;
(e)
Any statement received pursuant to the provisions of s. 2 of the art. 8;
(f)
Any declaration and notification received pursuant to the provisions of Art. 13;
(g)
Any notification received pursuant to the provisions of s. 2 of the art. 14;
(h)
Any notification received pursuant to the provisions of Art. 15 and the date on which the denunciation takes effect.
Art. 17

This Convention and the declarations and notifications authorized by it shall apply only to traffic offences committed after its entry into force between the Contracting Parties concerned.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.

Done at Brussels, on 3 June 1976, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding Parties.

(Suivent signatures)

Annex

Common Fund for Road Offences

(1) Involuntary Homicide or Involuntary Injuries in Road Traffic.

(2) 'Leak of flight', that is to say, a breach of the obligations of drivers of vehicles following a traffic accident.

(3) Conduct of a vehicle by a person;

(a)
Being drunk or under the influence of alcohol;
(b)
Under the influence of narcotic drugs or products with similar effects; (c) unfit due to excessive fatigue.

(4) Driving a motor vehicle not covered by insurance to guarantee civil liability for damage caused to third parties as a result of the use of that vehicle.

(5) Refusal to comply with injunctions of an enforcement officer in respect of traffic.

(6) Non-observance of rules concerning:

(a)
Vehicle speed;
(b)
The place of the vehicles in motion and the direction of their march, the crossing, the exceedance, the change of direction and the crossing of the level crossings;
(c)
The priority of passage;
(d)
The movement privilege of certain vehicles such as fire fighting vehicles, ambulances, police vehicles;
(e)
Non-compliance with signals and markings on the ground, including the signal "Stop";
(f)
Parking and stopping of vehicles;
(g)
Access of vehicles or categories of vehicles to certain routes, in particular by reason of their weight or dimensions,
(h)
Vehicle safety equipment and loading;
(i)
Vehicle signage and loading;
(j)
Vehicle lighting and fire use;
(k)
Vehicle load and capacity;
1)
The registration of vehicles, the registration plate and the distinguishing sign of nationality.

(7) Default driver's legal entitlement.

Scope on 27 September 2010 1

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Azerbaijan *

26 June

2000 A

27 September

2000

Bosnia and Herzegovina

29 December

1994 A

30 March

1995

Croatia

September 14

1994 A

15 December

1994

Greece *

April 8

1981

28 April

1983

Italy *

24 May

1985

August 25

1985

Liechtenstein *

27 January

1983

28 April

1983

Macedonia

30 March

1994 A

1 Er July

1994

Montenegro

6 June

2006 S

6 June

2006

Romania *

10 September

1997

11 December

1997

Serbia

28 February

2001 A

29 May

2001

Slovenia

20 October

1992 A

21 January

1993

Switzerland *

10 May

1978

28 April

1983

*

Reservations and declarations.

Reservations and declarations, with the exception of the declaration of Switzerland, are not published in the RO. The texts in English and French can be consulted at the Council of Europe website: http://conventions.coe.int/Treaty/Commun/ListeDeclarations.asp? NT = 088 &CM=7 &DF=30/09/2010 &CL=ENG&VL=1 or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

Statements

Switzerland

In accordance with Art. 6, para. 1, of the Convention, the Government of Switzerland declared that the following authority is entitled to transmit and receive notifications under Art. 2, as well as any other communication which may result from the application of this Convention:

Federal Police Office Licensing, Civil Liability and Criminal Matters Section Federal Department of Justice and Police
CH-3003 Berne

1 RO 1983 514, 1985 1491, 1991 2195, 2004 4143 and 2010 4473. A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


Status on 27 September 2010