Speeding offences are among the most common traffic violations in Switzerland. Even minor speeding infringements may result in financial penalties, while more serious violations can lead to criminal sanctions and the revocation of the driving licence.
This article provides an overview of the legal classification, the sanctioning system, and the relevant threshold values.
Criminal proceedings and administrative measures:
A characteristic feature of Swiss road traffic law is its dual-track system. A speeding offence may simultaneously trigger two separate proceedings, which are conducted independently of each other:
- Criminal proceedings: sanctioning of the offence through a fine, a monetary penalty, or a custodial sentence
- Administrative proceedings: measures concerning driving licence entitlement, in particular a warning or revocation of the driving licence
These two proceedings differ not only in their function but also in terms of the competent authorities. Criminal proceedings are conducted by the criminal prosecution authorities, whereas administrative measures fall within the competence of the administrative authority, typically the Road Traffic Office.
In practice, it is also relevant that the proceedings are often not conducted within the same canton. Criminal jurisdiction is generally determined by the place where the offence was committed, whereas administrative proceedings are usually governed by the canton of residence of the person concerned.
Minor speeding offences (fixed penalty procedure)
A minor speeding offence exists where the speed limit is exceeded by the following margins:
- Within built-up areas: up to 15 km/h
- Outside built-up areas: up to 20 km/h
- Motorways: up to 25 km/h
Such cases are dealt with under the fixed penalty procedure and are sanctioned by a fine in accordance with the official fixed penalty catalogue. As a rule, no ordinary criminal proceedings are initiated and no administrative measures are imposed.
Minor offences
Minor offences occur where the speed exceeds the fixed penalty thresholds but does not yet constitute an increased risk to road safety. This transition is particularly relevant in practice, as the procedural regime changes fundamentally. Instead of the fixed penalty procedure, both criminal proceedings and administrative proceedings are initiated.
A minor offence is established where the speed is exceeded by:
- Within built-up areas: 16–20 km/h
- Outside built-up areas: 21–25 km/h
- Motorways: 26–30 km/h
Minor offences are generally sanctioned by a fine in criminal proceedings. The administrative measure is usually a warning. However, if the driver has prior relevant offences, a driving license revocation of at least one month will be imposed.
Moderate offences
A moderate offence is established where the speed is exceeded by:
- Within built-up areas: 21–24 km/h
- Outside built-up areas: 26–29 km/h
- Motorways: 31–34 km/h
In criminal proceedings, a fine is generally imposed. In administrative proceedings, a driving license revocation of at least one month is mandatory. In the event of prior relevant offences, the duration of the revocation will be extended. Under certain conditions, repeated offences may also result in a safety-related revocation or an indefinite revocation.
Serious offences
A serious offence is established where the speed is exceeded by:
- Within built-up areas: from 25 km/h
- Outside built-up areas: from 30 km/h
- Motorways: from 35 km/h
In criminal proceedings, a monetary penalty or, in serious cases, a custodial sentence is imposed. In administrative proceedings, a driving license revocation of at least three months is ordered.
Speeding offence involving gross violation of traffic rules
Where the speed is exceeded to a particularly severe extent, this constitutes a gross violation of fundamental traffic rules involving a high risk of accidents causing serious injury or death.
A particularly serious case is assumed where the following thresholds are reached or exceeded:
- Within a 30 km/h zone: from 40 km/h
- Within a 50 km/h zone: from 50 km/h
- Within a 60 km/h zone: from 60 km/h
- Within an 80 km/h zone: from 80 km/h
Such offences are commonly referred to as a speeding offence involving gross violation of traffic rules.
In criminal proceedings, a custodial sentence of between one and four years is imposed. In administrative proceedings, a driving licence revocation of at least two years is ordered.
Deviation from Guidelines and Individualized Sentencing
In conclusion, it should be noted that the above figures are to be understood merely as guidelines and do not have binding effect. Depending on the specific circumstances of the individual case, a deviation may be appropriate or even required. For instance, in its decision BGer 6B_973/2020 of 25 February 2021, the Federal Supreme Court held that the threshold of 35 km/h for a serious offence on a motorway does not apply where the maximum permitted speed has been reduced from 120 km/h to 80 km/h due to roadworks. In such situations, the risk potential is more comparable to that of a road outside built-up areas rather than a motorway, which is why the applicable thresholds for roads outside built-up areas must be applied.
With regard to the specific penalty, each case must also be assessed individually. For this reason, no concrete sanctions are set out in this article. In addition, differences exist between cantons. A comparison of the recommendations of the cantons of St. Gallen and Zurich shows, for example, that St. Gallen recommends a monetary penalty of 20 daily penalty units for exceeding the speed limit on a motorway by 35 to 39 km/h, whereas the canton of Zurich recommends only 10 daily penalty units for the same violation.
Accordingly, each case requires a careful assessment in order to determine whether a speeding offence has been committed and what legal consequences it entails.
Senior Partner
stach@stach.ch
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