Road traffic law

One act – more than one procedure

Each vehicle driver must observe a variety of rules. Anyone who infringes these rules must in principle expect two different proceedings. The criminal justice authority decides on the sentence and the road traffic authority decides on the administrative measure such as a warning or driving licence suspension. In the case of road accidents, liability issues also often arise. We support you in criminal proceedings, administrative proceedings and also in the enforcement or defence of liability claims.

 

“Road traffic law” questions

A summary penalty order may be challenged in writing within 10 days. The accused does not have to substantiate the challenge. On expiry of the ten-day time limit, the summary penalty order becomes final. If a summary penalty order is accepted, it is generally no longer possible to dispute the facts of the case in the course of administrative proceedings. Accordingly, it may be very important for you to get involved in the criminal proceedings and make your objections known. We would be happy to advise you in this regard.

Based on the Federal Supreme Court’s benchmarks, the following administrative measures are expected in the event of a first speeding offence:  

Residential area

  • Excess speed of 16-20 km/h:                                  Warning
  • Excess speed of 21-24 km/h:                                  at least 1 month suspension
  • Excess speed of 25 km/h and more:                        at least 3 months suspension

Outside residential areas

  • Excess speed of 21-25 km/h:                                  Warning
  • Excess speed of 26-29 km/h:                                  at least 1 month suspension
  • Excess speed of 30 km/h and more:                        at least 3 months suspension

Motorway

  • Excess speed of 26-30 km/h:                                  Warning
  • Excess speed of 31-34 km/h:                                  at least 1 month suspension
  • Excess speed of 35 km/h and more:                        at least 3 months suspension

If repeated, a longer period of suspension is normally ordered.

While for public parking spaces the police issue fines in accordance with the Fixed Penalties Ordinance, the legal situation regarding private property is more complicated. A landowner may apply for a parking or driving ban on their property. It must be announced by the landowner on a local notice board. Any person who violates the ban is liable to a fine of up to CHF 2,000.00. In addition, fees are due for the criminal proceedings and the landowner may claim a so-called handling charge of approx. CHF 40.00.