The Regional Court in Plzeň has dismissed a lawsuit by a 90-year-old Czech woman whose driving licence was suspended by officials after a report of dangerous driving. The court thus deemed lawful a step that local media described as unprecedented.
The woman, referred to in the documents as Jitka Š., tried to prove in court that the officials had acted unlawfully. She cited a valid medical certificate of fitness to drive. She also objected to having to answer questions on traffic rules at the oral hearing. In addition, she challenged the testimony of a driving instructor who pointed to difficulties she had during a test drive. According to the pensioner, she needs the car to meet her everyday needs.
The city office defended its actions by saying the driver might have lost her professional fitness to drive. “This was a preliminary measure, the purpose of which is to prevent possible negative consequences of continued use of the driving licence,” the administrative body's document states.
At the same time, the city hall confirmed that it has already started proceedings with the woman to revoke her driving licence. If she proves her professional fitness, the proceedings will be terminated immediately and the current suspension will lose effect, officials assured.
The court also confirmed that this approach was lawful. The ruling of the panel chaired by Judge Lukáš Pišvejc states that the authority had enough concrete facts capable of objectively raising doubts about the plaintiff's fitness, and that it did not exceed its administrative discretion or act arbitrarily. The court also noted that a valid medical certificate does not in itself rule out doubts about a driver's professional fitness.
The court described the knowledge check using five test questions as merely a supporting indicator when assessing such doubts.
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Source: novinky.cz