The judgment is unusual, the administrative court usually goes on the line of the Swedish Transport Agency and determines the authority’s driver’s license decision.
– We do not make any statistics. But it is not very fun that the judges change, says Jenny Svärdgren-Hult, operations manager at the Swedish Transport Agency.
Thousands of retracted driving licenses
A Review made by Skånska Dagbladet Shows that thousands of Swedes have had their driving licenses withdrawn on that foundation, without having driven rattling. The Swedish Transport Agency’s approach is debated, even in the healthcare system.
Inlandsbon, who is 60 years old, got its driver’s license withdrawn when the so-called PETH value of the healthcare showed 0.39 which may indicate an alcohol abuse. The health care informed the Swedish Transport Agency which revoked the man’s driver’s license. But the man appealed the decision to the Administrative Court.
The man worked full time
Inland’s driver’s license is conditional: He must submit a medical certificate on alcohol and drugs. At one of six test cases, the healthcare noted an elevated Peth value.
But at the same time, two of the man’s managers certify to the Administrative Court that he has low sick leave and has never shown signs of alcohol abuse. The managers note that the man at the time of the elevated PETH value worked full time. In a medical advice there is no indication that the man is an alcoholic.
Should have been done two tests
The Administrative Court also finds that a single PETH test was the basis for the Swedish Transport Agency’s decision, according to practice, elevated values are required in two tests at at least five weeks apart.
“The Swedish Transport Agency’s assessment in the appeal decision differs from what is stated in the medical documentation in the case,” the court writes, and tear up the authority’s driver’s license decision.