Summary

The Traffic Act includes three institutions with the substance to prohibit the driving of a motor vehicle. These are suspension, withdrawal, and the revocation of the right to drive. Although there are also minor doubts regarding the other prohibitions on driving, the main problem of the Estonian system of the right to drive is suspension of the right to drive on the basis of a misdemeanour decision that has entered into force. Although the Supreme Court en banc has found that the suspension of the right to drive on the basis of the provisions of § 41, Section 3, Subsection 5 of the Traffic Act is not in conflict with the principle of ne bis in idem, it does not mean that all the problems associated with the suspension of the right to drive on this basis have been resolved. The main unresolved issue is the proportionality of the measure. It also cannot be justified from the standpoint of procedural efficiency that the entire procedure necessary for the suspension takes place within the framework of the misdemeanour process, but the final step – the decision – is left to the Automobile Registry. This results in lengthening the procedure, and an increase in the amount of paperwork and costs (and confusion as to when the decision enters into force). In the opinion of the author, it would be appropriate to review the current regulation. This review, however, should not be restricted merely to the issue of the suspension of the right to drive as provided for in the Traffic Act, § 41, Section 3, Subsection 5, but for the efficiency of the system as a whole, there should be an assessment of which prohibitions on driving are needed, on which grounds one or the other of the prohibitions on driving should be applied, and what the procedure for prohibiting driving should look like. In addition, according to the author, adoption of useful solutions from abroad should be considered, e.g. prohibiting the driving of vehicles of a certain category.