Vorarlberg court overturns ban after delivery van runs out of fuel

A Vorarlberg delivery driver will not lose his Austrian driving licence after running out of fuel on a Swiss motorway. The Vorarlberg Administrative Court overturned the six-month ban and retraining order, ORF reported.

The man was driving a Volkswagen Caddy for his employer in Switzerland last April. He travelled about 120 kilometres with a half-full tank to make a delivery. At his destination, he added just under seven litres of fuel, but ran out before reaching Vorarlberg.

St Gallen cantonal police towed the van to the nearest petrol station, and the driver received a one-month driving ban in Switzerland. Austria’s Bregenz District Authority imposed a six-month ban and ordered him to complete a retraining course.

The driver appealed. The court said his destination was about 40 kilometres from where the van stopped and concluded that he had intended to refuel again but had not reached the next motorway exit in time.

Under Austrian law, a licence can be withdrawn for conduct capable of creating particularly dangerous conditions. The court found that this did not apply in this case and cancelled the Austrian ban and retraining order.