Via Sicura: Road Safety Action Programme in Switzerland
The Via Sicura programme represents one of the most significant reforms of Swiss road traffic law in recent years. Entering into force in stages since 2013, this programme aims to drastically reduce the number of serious accidents on Swiss roads. Faced with the strict application of these measures, many drivers find themselves confronted with severe sanctions and complex procedures. Our law firm specialising in road traffic law assists people daily who are facing the legal consequences of Via Sicura, whether relating to offences characterised as reckless driving, licence revocations or administrative measures. This presentation details the main provisions of the programme, their concrete implications and the legal strategies available to drivers.
Origins and Objectives of the Via Sicura Programme
Via Sicura originates from the Swiss legislature's desire to strengthen road safety in the face of concerning statistics. In the early 2000s, despite a progressive improvement, Swiss roads still counted too many victims of serious accidents. The Federal Council therefore developed this road safety action programme, adopted by Parliament in June 2012.
The programme is structured around three main axes:
- Prevention of risky behaviours on the roads
- Application of more severe sanctions for serious offences
- Improvement of road infrastructure
Via Sicura does not constitute a law as such, but a set of legislative amendments affecting principally the Federal Road Traffic Act (RTA) and its implementing ordinances. These amendments were introduced progressively between 2013 and 2015.
The stated objective was to significantly reduce the number of deaths and serious injuries on Swiss roads. The authorities notably targeted the most dangerous behaviours: significant speeding, driving under the influence of alcohol or drugs, and reckless risk-taking.
The programme introduced the legal concept of "reckless driving offence" (délit de chauffard) into Swiss legislation. This concept, defined in art. 90 paras. 3 and 4 RTA, characterises particularly serious road traffic offences, notably speeding exceeding certain thresholds (80 km/h in a 30 km/h zone, for example).
Via Sicura marked a turning point in the Swiss approach to road safety, by introducing a more repressive regime for serious offences while strengthening preventive measures. This dual approach reflects the legislature's desire to protect vulnerable road users and make drivers more accountable.
Key Measures and Their Legal Implications
The Via Sicura programme introduced several strict measures that have considerably changed the legal landscape of Swiss road traffic law. These provisions affect both criminal law and administrative law.
The Reckless Driving Offence and Its Consequences
The qualification as a reckless driving offence applies automatically when the following speed thresholds are exceeded:
- At least 40 km/h where the limit is set at 30 km/h
- At least 50 km/h where the limit is set at 50 km/h
- At least 60 km/h where the limit is set at 80 km/h
- At least 80 km/h where the limit is set at 120 km/h
The legal consequences are severe:
- Custodial sentence of 1 to 4 years
- Licence revocation for at least 24 months (first offence)
- Licence revocation for an indefinite period and for at least 10 years in the event of recidivism
- Possible confiscation of the vehicle
Federal Supreme Court case law has clarified that the reckless driving qualification is automatic as soon as the thresholds are reached, regardless of the specific circumstances (ATF 140 IV 177).
Strengthened Administrative Measures
Via Sicura has considerably toughened administrative measures:
- Obligation to attend road traffic education courses for certain offences
- Mandatory installation of an alcohol ignition interlock for repeat drink driving offenders
- Systematic driving aptitude examination in the event of suspected incapacity
- Increased minimum licence revocation durations
These administrative measures apply in parallel with criminal sanctions, in accordance with the double punishment principle recognised by the Federal Supreme Court (ATF 139 II 95).
Increased Financial Liability
Via Sicura introduced extended financial liability for offending drivers:
- Obligation to reimburse emergency services' intervention costs in the event of an accident caused under the influence of alcohol, drugs or during a qualified speeding offence
- Extended right of recourse by insurers against drivers who committed a serious fault
- Limitation of insurance benefits in the event of serious fault
These provisions may result in considerable financial consequences for drivers, sometimes disproportionate to their personal situation.
Recent Amendments and Relaxations
In the face of criticism concerning the severity of certain Via Sicura measures, the Swiss legislature has made several adjustments in recent years.
Revision of Sanctions for Reckless Drivers
In 2021, Parliament adopted an amendment to art. 90 RTA, entering into force on 1 January 2023. This revision introduced a margin of appreciation for judges in reckless driving cases:
- The minimum sentence of one year's imprisonment was abolished
- Judges may now impose a monetary penalty instead of a custodial sentence in the least serious cases
- The obligation of at least 24 months' licence revocation remains in force
This revision follows several high-profile cases where drivers were convicted of sentences deemed disproportionate for speed violations without concrete danger to others.
Relaxation Concerning Intervention Costs
Another significant amendment concerns emergency services' intervention costs. Since 2023, reimbursement of these costs is no longer automatic, but subject to the assessment of authorities who take into account:
- The driver's financial situation
- The proportionality of the measure
- The seriousness of the fault committed
This amendment aims to avoid situations where drivers faced invoices for tens of thousands of francs with no means to pay them.
Evolution of Case Law
Alongside legislative amendments, Swiss court case law has progressively refined the interpretation of Via Sicura provisions:
- The Federal Supreme Court recognised that vehicle confiscation must respect the principle of proportionality (ATF 144 IV 332)
- Cantonal courts have developed a more nuanced approach to assessing mitigating circumstances
- The concept of "concrete danger" has been clarified in several judgments
These jurisprudential developments reflect a search for balance between the necessary severity towards dangerous behaviours and respect for fundamental principles of criminal law.
Legal Defence Against Via Sicura Offences
Given the complexity and severity of Via Sicura provisions, specialised legal defence is often indispensable. Our law firm has developed several strategies adapted to different situations.
Contesting Technical Measurements
In speeding cases, the reliability of measurements constitutes a priority line of defence:
- Verification of the conformity and calibration of measuring devices
- Analysis of the conditions under which the measurement was taken
- Examination of the applicable technical margin of error
- Challenge to the attribution of the vehicle to the driver being prosecuted
Case law recognises that a speed measurement may be invalidated if the conditions of use of the device were not respected (ATF 137 IV 210).
Arguments Relating to Necessity
In certain exceptional circumstances, necessity may be invoked to justify a breach of traffic rules:
- Urgent transport of a person in mortal danger to hospital
- Fleeing an imminent threat to personal safety
- Avoidance manoeuvre to avert a more serious danger
However, case law remains very strict regarding the conditions for admitting necessity (ATF 143 IV 77).
Contesting Medical Opinions
For offences relating to driving under the influence of substances, contesting medical opinions may be relevant:
- Questioning compliance with sample collection procedures
- Analysis of the chain of custody of samples
- Application for an independent counter-expert opinion
- Challenge to the analytical methods used
A specialist lawyer can identify potential flaws in the expert procedure and assert them before the courts.
Procedural Strategies
The defence may exploit various procedural avenues:
- Application to suspend the administrative procedure until the outcome of the criminal procedure
- Appeal against provisional measures (precautionary revocation of the licence)
- Application for an independent expert opinion
- Negotiation with the Public Prosecutor for a less severe penal order
Early intervention by a lawyer in the procedure significantly increases the chances of obtaining more favourable treatment of the case.
Main Measures of the Via Sicura Programme
The Via Sicura programme introduced a range of legislative measures affecting both criminal and administrative law. The table below summarises the most significant provisions and their concrete implications for Swiss drivers.
| Via Sicura Measure | Legal Basis | Threshold / Condition | Sanction / Consequence |
|---|---|---|---|
| Reckless driving – built-up area | Art. 90 para. 3 RTA | +40 km/h in a 30 km/h zone / +50 km/h in a 50 km/h zone | 1–4 years' imprisonment + 24-month revocation |
| Reckless driving – out of town | Art. 90 para. 3 RTA | +60 km/h in an 80 km/h zone | 1–4 years' imprisonment + 24-month revocation |
| Reckless driving – motorway | Art. 90 para. 3 RTA | +80 km/h in a 120 km/h zone | 1–4 years' imprisonment + 24-month revocation |
| Repeat reckless driving offence | Art. 90 para. 4 RTA | 2nd offence within 10 years | Licence revocation minimum 10 years (indefinite) |
| Vehicle confiscation | Art. 90a RTA | Reckless driving or serious recidivism | Auction sale (proportionality required) |
| Alcohol ignition interlock | Art. 17 RTA | Repeat drink driving offence | Mandatory installation on the vehicle |
| Road traffic education courses | Art. 16 para. 2bis RTA | Certain serious offences | Mandatory before licence recovery |
| Reimbursement of emergency services costs | Art. 101a RTA | Accident under alcohol/drugs/serious speeding | Subject to proportionality (since 2023) |
Precise Thresholds for the Reckless Driving Offence (art. 90 para. 3 RTA)
- 30 km/h zone: excess of at least 40 km/h (driving at 70 km/h or more)
- 50 km/h zone: excess of at least 50 km/h (driving at 100 km/h or more)
- 80 km/h zone: excess of at least 60 km/h (driving at 140 km/h or more)
- 120 km/h zone: excess of at least 80 km/h (driving at 200 km/h or more)
- The qualification is automatic as soon as the threshold is reached (ATF 140 IV 177), regardless of circumstances
- Since 2023: judges may impose a monetary penalty in the least serious cases (abolition of the 1-year minimum sentence)
Frequently Asked Questions about Via Sicura
Can mitigating circumstances be invoked to avoid the reckless driving qualification?
No. The reckless driving offence qualification is automatic as soon as the speed thresholds are reached, according to the Federal Supreme Court (ATF 140 IV 177). Circumstances cannot negate the qualification, but they may influence the sentence. Since the 2023 revision, judges have greater discretion in setting the specific penalty.
Can the vehicle be confiscated even if it belongs to a third party?
Yes, but with important restrictions. Confiscation is possible even if the vehicle belongs to a third party (employer, family member), but the Federal Supreme Court requires respect for the principle of proportionality (ATF 144 IV 332). A lawyer can contest confiscation by demonstrating that the third-party owner had no knowledge of the unlawful use.
Does Via Sicura apply to foreign drivers in Switzerland?
Yes, fully. Via Sicura provisions apply to any driver travelling on Swiss territory, regardless of nationality or the country where the vehicle is registered. Foreign drivers may also be subject to Swiss administrative measures, and criminal sanctions may be communicated to the authorities of their country of residence.
What are the limitation periods for a reckless driving offence?
The reckless driving offence is a criminal offence subject to the general limitation rules of the Swiss Criminal Code. The limitation period for criminal prosecution is 10 years for offences punishable by more than one year's deprivation of liberty (art. 97 CC). For administrative licence revocation procedures, the period is generally 5 years from the commission of the offence.