A French motorist received a substantial fine of 90,000 Swiss francs due to excessive speeding in Switzerland.
Switzerland has a unique approach to speeding fines, particularly for wealthy individuals who repeatedly flout the rules of the road. The country's legal system, as outlined in Article 34 of the new Criminal Code, establishes penalties that are based on a driver's income, assets, and living standards.
General Penalties
Speeding fines in Switzerland can be substantial, with the amount determined by a driver's financial situation. In addition to fines, drivers may receive points on their license, and in severe or repeat cases, their license may be suspended. In extreme cases or for repeat offenses, imprisonment is a possibility.
Penalties for Foreign Drivers
Foreign drivers are subject to the same penalties as Swiss drivers, including fines and potential license suspension. If a foreign driver fails to pay a fine, Swiss authorities can issue an international arrest warrant or impose other legal sanctions.
Access to Drivers' Assets for Repeat Offenses
For repeat offenders, courts may impose additional fines if another violation occurs within a specified time frame. This approach is based on the principle of adjusting penalties according to the individual's financial situation. However, it's important to note that the system does not directly involve seizing assets. Failure to pay fines can lead to legal actions against the driver in their home country or other international jurisdictions.
Wealth-Based Fines
One of the unique aspects of the Swiss system is the use of wealth-based fines. This approach is also used in other countries like Germany, France, Austria, and Nordic nations. For example, a wealthy driver in Lausanne was fined up to 90,000 Swiss francs (approximately $110,000) for speeding.
Before imposing a fine, authorities consider not only the offender's wealth but also their financial obligations and family support needs. More serious speeding offenses or repeat offenses can lead to additional penalties and license suspension.
Recent Cases
In June 2024, Zurich police stopped four UK nationals who were speeding on a Swiss motorway in their sports cars. The Brits were fined several hundred francs each and had their vehicles confiscated pending the investigation. In July 2024, police in Graubuenden intercepted two other Brits who were speeding - also in sports cars - through the Fluela Pass.
It's worth noting that the Swiss authorities do not have access to the assets of foreign drivers who are caught speeding. Foreign nationals caught speeding on Swiss roads must pay the corresponding fine immediately.
The use of wealth-based fines has been a topic of discussion, particularly in cases where the offender is a longtime Swiss resident. In 2017, a French driver was fined 540 francs for driving past a construction site at 80 km/h in a 40-km/h zone. Despite the relatively low fine, the driver's wealth, estimated at several hundred million francs, means that the penalty would not financially ruin him.
However, the French driver's repeated offenses led to more severe penalties. He had already been convicted of the same offense previously, receiving a fine of 60,000 francs. The man's wealth, citizenship application, and subsequent appeal against the decision also failed. His driving license was seized, and his cars were confiscated.
In 2018, the French driver's citizenship application was rejected due to careless driving. Despite these penalties, it's unclear whether the driver's driving license was, or is, suspended due to these offenses.
In the Swiss judicial system, fines for speeding are not merely fixed amounts but are determined by a driver's financial standing, making it a form of wealth-based fine. This practice is also employed in other countries like Germany, France, Austria, and Nordic nations.
For repeat offenders, particularly wealthy individuals residing in Switzerland, the legal consequences can escalate beyond financially burdensome fines, potentially involving license suspension, seizing of assets in their home country, or other international legal actions if they fail to pay the fines.
