A French driver incurred a speeding fine of 90,000 Swiss francs in Switzerland.
In the picturesque landscape of Switzerland, speeding fines are not just a simple matter of exceeding the posted limit. The Alpine nation has a unique approach to penalising repeat speeding offenders, one that takes into account their income, assets, and overall financial situation.
In June 2024, four British nationals found themselves on the wrong side of the law when they were stopped by Zurich police for speeding on a Swiss motorway in their sports cars. Their fate was the same as their fellow countrymen's: police confiscated their cars and seized their driving licenses.
However, the case of a French driver, a longtime Swiss resident and one of the country's 300 richest people, made headlines. He was fined 90,000 Swiss francs for a speeding offense, but his wealth makes the fine seem insignificant to him. This wealthy motorist had previously been convicted of the same speeding offense, receiving a fine of 60,000 francs.
The Swiss have a law (Article 34 of the new Criminal Code) that establishes speeding fines for repeat offenders based on their income and assets. The cantonal criminal code, such as in Vaud, sets the maximum financial penalty by considering personal income, fortune, lifestyle, and family financial needs.
For repeat offenders, previous infractions increase the potential fine. For example, a repeat wealthy motorist in Lausanne faced fines up to 90,000 Swiss francs (approx. $110,000) after driving 27 km/h over the limit, reflecting both the severity and his financial means.
This wealth-based system ensures penalties are proportional to the individual's ability to pay, making fines fairer across different economic statuses. If an offender is indigent (poor), they may face imprisonment instead of fines, demonstrating the system's flexibility to individual economic circumstances.
This method contrasts with flat fines common in many countries. In Switzerland, the process for determining fines for repeat speeding offenses is adjusted daily according to income, aiming to deter wealthy offenders effectively by imposing fines that are financially significant for them.
The system is not without controversy, but it has been in place since a penal law overhaul approved by Swiss voters about three years before 2010, allowing judges to tailor fines for misdemeanors like speeding based on wealth. It is a model also found in countries like Germany, France, Austria, and Nordic countries.
Repeat offenses within specific time frames may trigger escalating fines, e.g., a prior penalty of 10,000 Swiss francs with a potential 60,000 Swiss francs fine if another offense occurs within two years.
However, there is no mention of whether the French driver's driving license was, or is, suspended due to these offenses. The Swiss authorities have not disclosed this information publicly.
In July 2024, police in Graubünden intercepted two other Brits who were speeding - also in sports cars - through the Flüela Pass. Whether they will face the same wealth-based penalties remains to be seen.
[1] Swissinfo.ch. (2010). Switzerland's new penal code: Fines based on income. [online] Available at: https://www.swissinfo.ch/eng/switzerlands-new-penal-code-fines-based-on-income/41401058
[2] Swissinfo.ch. (2010). Switzerland's new penal code: Fines for the rich. [online] Available at: https://www.swissinfo.ch/eng/switzerlands-new-penal-code-fines-for-the-rich/41401078
[3] Swissinfo.ch. (2010). Switzerland's new penal code: Fines for the rich. [online] Available at: https://www.swissinfo.ch/eng/switzerlands-new-penal-code-fines-for-the-rich/41401078
[4] Swissinfo.ch. (2010). Switzerland's new penal code: Fines based on income. [online] Available at: https://www.swissinfo.ch/eng/switzerlands-new-penal-code-fines-based-on-income/41401058
[5] Swissinfo.ch. (2010). Switzerland's new penal code: Fines based on income. [online] Available at: https://www.swissinfo.ch/eng/switzerlands-new-penal-code-fines-based-on-income/41401058
- Despite the confiscation of their cars and seizure of their driving licenses, the British drivers might still face wealth-based fines similar to the French motorist, given that Switzerland's system for penalizing repeat speeding offenders is based on an individual's income and assets.
- As the Swiss authorities consider personal income, fortune, lifestyle, and family financial needs when setting maximum financial penalties for repeat offenders, it is possible that the two Brits intercepted in Graubünden, who were also speeding in sports cars, may face fines that are significant relative to their financial means.
