Speeding Offences in Switzerland: Legal Consequences and Defence
Given the strict road traffic regulations in Switzerland, speeding constitutes one of the most frequently recorded offences on Swiss roads. Every year, thousands of motorists find themselves confronted with the sanctions provided by law, ranging from a simple fine to custodial sentences in the most serious cases. Swiss legislation distinguishes several categories of offences according to the extent of the speed limit exceeded, with legal consequences proportional to the seriousness of the offence. Our law firm accompanies drivers daily in their legal proceedings before the authorities, offering in-depth expertise in this specific domain of traffic law.
Legal Framework for Speeding Offences in Switzerland
The legal framework governing speeding offences in Switzerland rests primarily on the Federal Road Traffic Act (FRTA) and the Ordinance on Fixed Penalties (OFP). These texts establish a hierarchy of offences based on the extent by which the permitted speed has been exceeded.
Under article 90 FRTA, infringements of road traffic rules are categorised according to three levels of severity:
- Simple offences (art. 90 para. 1 FRTA)
- Serious offences (art. 90 para. 2 FRTA)
- Qualified serious offences (art. 90 para. 3 FRTA), commonly called "Via Sicura" cases
To determine the seriousness of a speeding offence, the authorities take account not only of the difference between the measured speed and the permitted speed, but first apply a technical safety margin. This margin, intended to compensate for any imprecision in measuring equipment, varies according to the recorded speed:
- 3 km/h for speeds up to 100 km/h
- 4 km/h for speeds between 100 and 150 km/h
- 5 km/h for speeds above 150 km/h
Detailed Table of Sanctions by Speed Band
Sanctions depend on the zone of travel and the excess recorded after deduction of the technical margin. The table below presents the thresholds under case law and the FRTA:
| Zone (limit) | Excess (after margin) | Classification | Criminal sanction | Licence withdrawal (min.) |
|---|---|---|---|---|
| Built-up area (50 km/h) | 1–15 km/h | Minor | Fixed penalty (CHF 40–100) | — |
| Built-up area (50 km/h) | 16–24 km/h | Moderate | Ordinary procedure | 1 month |
| Built-up area (50 km/h) | 25–39 km/h | Serious | Day-fines | 3 months |
| Built-up area (50 km/h) | ≥ 40 km/h | Reckless driving (Via Sicura) | Custodial sentence 1–4 years | 24 months |
| Outside built-up area (80 km/h) | 1–20 km/h | Minor | Fixed penalty | — |
| Outside built-up area (80 km/h) | 21–29 km/h | Moderate | Ordinary procedure | 1 month |
| Outside built-up area (80 km/h) | 30–49 km/h | Serious | Day-fines | 3 months |
| Outside built-up area (80 km/h) | ≥ 50 km/h | Reckless driving (Via Sicura) | Custodial sentence 1–4 years | 24 months |
| Motorway (120 km/h) | 1–25 km/h | Minor | Fixed penalty | — |
| Motorway (120 km/h) | 26–34 km/h | Moderate | Ordinary procedure | 1 month |
| Motorway (120 km/h) | 35–59 km/h | Serious | Day-fines | 3 months |
| Motorway (120 km/h) | ≥ 60 km/h | Reckless driving (Via Sicura) | Custodial sentence 1–4 years | 24 months |
Technical margin deducted before calculation: 3 km/h for speeds up to 100 km/h measured / 4 km/h from 100 to 150 km/h / 5 km/h above 150 km/h.
Cascade System: Repeat Offending
- 1st re-offence within 2 years: doubling of the minimum withdrawal period
- 2nd re-offence: indefinite withdrawal (minimum 2 years)
- Reckless driving (repeat offence): minimum 10-year withdrawal, indefinite
Administrative and Criminal Sanctions
Administrative Measures
Administrative measures are imposed by the cantonal road traffic authorities, independently of criminal sanctions. They include:
Licence withdrawal, the duration of which varies according to the seriousness of the offence and the driver's record:
- For a minor offence with previous record: warning or one-month withdrawal
- For a moderate offence: withdrawal of one to three months
- For a serious offence: minimum three-month withdrawal
- For a reckless driving case (Via Sicura): minimum 24-month withdrawal, up to indefinite
Criminal Sanctions
Alongside administrative measures, the driver is exposed to criminal sanctions the severity of which increases with the seriousness of the offence:
- Fixed penalties: For minor offences, the amount varies by the excess recorded (from CHF 40 to 250)
- Ordinary procedure fines: For moderate offences, amounts may reach several hundred francs
- Day-fines: For serious offences
- Custodial sentences: For reckless driving cases (art. 90 para. 3 FRTA), a sentence of 1 to 4 years' imprisonment may be imposed
Contestation Procedure and Appeals
Contesting a Fixed Penalty
When a driver receives a fixed penalty for a minor speeding offence, they have 30 days to pay the penalty (ending the procedure) or refuse it, which triggers an ordinary procedure. The refusal must be notified in writing to the issuing authority.
Opposition to a Penal Order
For moderate to serious offences dealt with by penal order, the opposition period is 10 days from notification. Opposition must be filed in writing with the Public Prosecutor's Office or prefect depending on the canton.
Technical Means of Defence
Technical defence may rely on several elements:
- Reliability of the measuring device: verification of compliance and homologation
- Calibration and maintenance: review of calibration certificates
- Measurement conditions: analysis of weather conditions, visibility, etc.
- Identification of the driver: possible challenge if no clear photograph
- Compliance with procedure: verification that officers followed correct protocols
Frequently Asked Questions on Speeding Offences
Can the reliability of a speed camera be challenged in Switzerland?
Yes. The challenge may relate to the compliance and homologation of the device, calibration certificates, measurement conditions (weather, distance, angle), or procedural irregularities. A specialist lawyer can obtain the full technical file and identify irregularities. Case law recognises that measurements may be invalidated if protocols were not followed (BGE 137 IV 210).
Does reckless driving automatically result in imprisonment?
Since the revision of art. 90 FRTA (in force from 1 January 2023), the minimum sentence of one year has been abolished. Judges may impose a financial penalty for the least serious cases. A custodial sentence of 1 to 4 years remains possible. The minimum 24-month licence withdrawal remains mandatory regardless of the criminal sentence.
What technical margin is deducted from the excess recorded by radar?
The technical margin is 3 km/h for speeds measured up to 100 km/h, 4 km/h between 100 and 150 km/h, and 5 km/h above 150 km/h. It is therefore the excess AFTER deduction of this margin that is retained to classify the offence and calculate the sanctions.
Is a foreign driver sanctioned like a Swiss driver?
Yes, Swiss law applies under the principle of territoriality. Fines are calculated according to the Swiss scale, generally higher than in France or Germany. Police may require immediate payment or a financial guarantee. For a serious offence, a ban on driving on Swiss territory may be imposed.