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-   -   Serious Speeding - the law, the fines. (https://www.englishforum.ch/transportation-driving/168305-serious-speeding-law-fines.html)

aSwissInTheUS 01.02.2013 11:30

Serious Speeding - the law, the fines.
 
2 Attachment(s)
Since January 1 2013, the law regarding serious speeding has changed (Art. 90 SVG).
Yesterday Konferenz der Strafverfolgungsbehörden der Schweiz (Conference of the criminal prosecutors) published their new guidlines. Now you know what the state attorney will request, time will show what judges will give.

New:
Attachment 57207
Old:
Attachment 57206

Ordnungsbussenverfahren: Simple fine as defined in 'the official price list (Ordnungsbussenverodnung)' See items 300.x in the linked document.
Tagesätze: Monetary fine based on your income. One Tagessatz is approximately a days wage.
Grobe Verletzung von Verkehrsregel: Serious infraction of traffic rules Art. 90 Abs 2. SVG. A three month driving ban will be issued. Art. 16c SVG and Federal court ruling BGE 1C_356/2009.
Innerorts: Within city limits
Ausserorts: Outside city limit
Freiheitsstrafe: Jail time

Ordnungsbussen/Simple fines
Certain offences can be handled with a fixed fine as determined by law (Ordnungsbussengesetz) and ordinance (Ordnungsbussenverordnung).
Rules : No one was endangered. Total is not more than CHF 600. There is no plea bargain. There will be no records of any kind. You have 30 days to pay.
Beware: If you contest a simple fine or forget to pay within 30 days it goes to the court. The judge is no longer bound to fixed fines given by the Ordnungsbussenverordnung. Additionaly, court fees will incure (see bellow for details).
The holder of the car (person who is named in cars paper) has to pay the fine unless he can either name the offender or can prove that the car was used without his consent and there was no negligence by him Art. 6 OBG. For example car was stolen.
For tourists: If you get a parking ticket you can pay it at any post office. If you have a rental car this the cheapest you can to, as the rental company will charge you for their "service" to pay the fine for you. Zurich Airport Post Office is open Mon-Fri 7.30am to 9pm and Sat - Sun 8am to 9pm. Locatetd in the Airport Center next to the Migros and Food-Court. One level above Check-in 3.

Criminal Record
A convction according to Art. 90 Abs. 2 SVG (serious infraction of a traffic rule) will end up in the public criminal record.
A conviction according to Art. 90 Abs 1 SVG will only end up in the public record if the fine is more than CHF 5000.
Any conviction by a judge will end up in the non public criminal record (Can be seen by judges, police, migration office, or driving license authority).

Confiscation of the car
The Law mentions the posibility of confiscating and even selling of the car. Art. 90a SVG and Art. 263 Abs. 1 Lit d CrimPC. Three points have to be fullfiled until that hapens.
1) a serious infraction of a traffic rule has occured
2) the infraction was done in a unscrupulous way
3) it is the best mean to deter the offender from any future traffic infraction.
Here the case of a German driver : BGE 1B_98/2013

Normally, a license suspension is considered as a good enough meassure. If the car is sold by the authority the court can decide for what the resulting profit will be used for.

Additionaly, the car can be seized to secure the payments of any possible, fines, fees, and other costs which may incure.
Art. 263 Abs. 1 Lit. b Swiss Criminal Procedure Code
This will most likely apply and happen in a case where a person with foreign domicile was caugth speeding.

Court fees
The fine is only part of the total cost that will incur. There are also court fees and fees for driving bans and warnings!

If traffic infraction which can not resolved with a simple fine, or you contest/do not pay the simple fine, the case will go to the judge. Any ruling by a judge has to be paid by the losing party.

The court fee depends on the Canton, and court.
For ex. in Canton of Zurich the fee is defined in the Verordnung über die Gebühren, Auslagen und Entschädigungen der Strafverfolgungsbehörden (GebV StrV)
And the possible range is CHF 80 up to 2000. :msnshock:

"Fortunately", there is guideline which which fee will be charged based on the fine:
Richtlinien Gebührenansätze der Übertretungsstrafbehörden
http://www.englishforum.ch/attachmen...rtfeetable.png
The document also says if a case is especially simple or complicated the fee shall be lowered or raised respectively. If you are unhappy with your court fee you can challenge them. But further charges may occur if you loose. :msncrazy:

Administration meassures and fees:
Anything that cannot be handled with a simple fine may lead to at least a warning or if more serious to a license suspension. Art. 16 Abs 2 SVG. Be prepared to get a second letter (witha a second bill) after you received the judges ruling. Because, the decision if a warning/license suspension is issued is not made by the judge. This decision is made by the authority at the Strassenverkehrsamt / Service Auto of your residence Canton at a later stage based on the judges ruling and the specific circumstances of the case. There are certain minimum driving bans which can not be shorter by law and federal court rulings. But, the ban can also be longer than the minimum. A warning/driving ban is not for free. The Strassenverkehrsamt / Service Auto will charge you a fee for their service!

The fees for Canton of Zurich Strassenverkehrsamt can be seen on its website.
The fees for Canton of Zug can be seen in this PDF.


As nearly always in Switzerland: Depending on your Canton your millage may vary.

(link and notes for myself):
add timlimits, add details on administartive meassures, add DUI
add statistics on confiscated cars
http://www.zg.ch/behoerden/sicherheitsdirektion/strassenverkehrsamt/strassenverkehr/uebertretungen
http://www.staatsanwaltschaften.zh.ch/content/dam/justiz_innern/stanw/PDF/Strafmass/Strafmassempfehlung%20Massendelikte.pdf
http://www.rwi.uzh.ch/lehreforschung/alphabetisch/jositsch/lehrveranstaltung/handout10.pdf

3Wishes 01.02.2013 15:06

Re: Serious Speeding - New law, new fines.
 
Just wanted to say thanks for translating as well as posting the thumbnails. Saves us all a lot of time. :)

Blaze 11.02.2013 11:26

Re: Serious Speeding - New law, new fines.
 
The blick has a handy calculator online:

http://www.blick.ch/news/schweiz/der...id2195030.html

telandy 11.02.2013 20:36

Re: Serious Speeding - New law, new fines.
 
Quote:

Originally Posted by Blaze (Post 1794632)
The blick has a handy calculator online:

http://www.blick.ch/news/schweiz/der...id2195030.html

Just glad I will never get caught doing 240KPH in a 120KPH :D since the car just about get up to 120KPH with a tail wind and down a hill!

Crazy Bird 11.02.2013 21:58

Re: Serious Speeding - New law, new fines.
 
I was flashed 15km over in a 50kmh zone on 29th December and got 120chf fine. I got off lightly reading this. I didn't realize just how hefty the penalties are so will definitely be more cautious now. Thanks for posting.

yacek 11.02.2013 22:31

With the 70 in a 30kmph zone is the jail time possible with probation? Can a judge pronounce a shorter sentence? It looks scary. Not that it is a good idea to drive 70 in a pedestrian zone, but I can imagine someone doing around 20 above the 50 speed limit and driving accidentally into a pedestrian zone. A one year jail time if someone had clean record so far seems very harsh, I mean beating up a person to disability is probably treated similarly however the intent to do harm is way apart.

Sbrinz 12.02.2013 00:28

Re: Serious Speeding - New law, new fines.
 
Quote:

Originally Posted by yacek (Post 1795491)
With the 70 in a 30kmph zone is the jail time possible with probation? Can a judge pronounce a shorter sentence? It looks scary. Not that it is a good idea to drive 70 in a pedestrian zone, but I can imagine someone doing around 20 above the 50 speed limit and driving accidentally into a pedestrian zone. A one year jail time if someone had clean record so far seems very harsh, I mean beating up a person to disability is probably treated similarly however the intent to do harm is way apart.

The law says a minimum of 12 months jail. plus a ban, plus car seizure.

Before this became law the punishments were already much higher than Germany and Britain. A few eccentrics managed to collect masses of signatures and it then became a law!

I used to drive reasonably fast, maybe 140 Km/hr on the autobahn, but after a 1 month and later a 3 month ban, I changed my ways. Then last week I received a CHF 160 fine in the post and luckily I was only driving at the "correct speed" on a country road and just did not see the 60 Km/hr sign post, or I would have been in deep trouble.

Jumping Captain 12.02.2013 05:51

Re: Serious Speeding - New law, new fines.
 
Quote:

Originally Posted by yacek (Post 1795491)
With the 70 in a 30kmph zone is the jail time possible with probation? Can a judge pronounce a shorter sentence? It looks scary. Not that it is a good idea to drive 70 in a pedestrian zone, but I can imagine someone doing around 20 above the 50 speed limit and driving accidentally into a pedestrian zone. A one year jail time if someone had clean record so far seems very harsh, I mean beating up a person to disability is probably treated similarly however the intent to do harm is way apart.

I see it like this... Firstly, if you dare to dart into a pedestrian zone at that speed, you will be lucky if you are not carted away in cuffs for killing someone. The ignorance of some people on foot amazes me. Am glad the "no questions asked - right of way on zebra stripes" has been lifted. Though there are still those that are not capable of thinking further than 2 meters in front of their noses, then only with one eye (that includes not only pedestrians, but also numerous drivers who are truly incapable of handling a motorized weapon).

Secondly, doing 70 in a 50 is brainless... 70 in a 30 downright ignorant. If you get caught (and hopefully you will), then you surely deserve to be punished. Whether payment or jail time. The deed is done.

The city has incorporated several 30 zones here within the last ten years. Some vehicle operators are still oblivious to the fact that their vehicle (mostly quads and rollers) are capable of driving only 30. Especially the Sunday afternoon traffic, mostly those with German plates.

Lastly, to my knowledge, there is no judge or jury. Busted is busted. You do the deed, then you pay for it. AFAIK a fine is not reduced just because you showed up in court wearing your Sunday best and show your teared puppy-dog eyes or smile real big at the judge. That happens in another country or two.

The fines are posted and published... Fact.
JC

drmom 12.02.2013 06:16

Re: Serious Speeding - New law, new fines.
 
As I have no income, if I were to get caught speeding, would they use my husband's income to calculate the fine, or is this a loophole for us stay at home moms :)

Jumping Captain 12.02.2013 06:36

Re: Serious Speeding - New law, new fines.
 
Quote:

Originally Posted by drmom (Post 1795568)
As I have no income, if I were to get caught speeding, would they use my husband's income to calculate the fine, or is this a loophole for us stay at home moms :)

Apparently so. Check out the link to the Blick calculator from Blaze above.
JC

3Wishes 12.02.2013 08:34

Re: Serious Speeding - New law, new fines.
 
Quote:

Originally Posted by Jumping Captain (Post 1795573)
Apparently so. Check out the link to the Blick calculator from Blaze above.
JC

What is apparently so? That they would use her hubby's income, or that it's a loophole for stay-at-home-moms?:confused: The calculator doesn't make it 100% clear one way or the other.

drmom 12.02.2013 08:37

Re: Serious Speeding - New law, new fines.
 
Quote:

Originally Posted by 3Wishes (Post 1795610)
What is apparently so? That they would use her hubby's income, or that it's a loophole for stay-at-home-moms?:confused: The calculator doesn't make it 100% clear one way or the other.

well, I think if you put in 0 for Einkommen you get = as the fine, however, I agree, I don't know if they mean household or personal income!

Jumping Captain 12.02.2013 08:40

Re: Serious Speeding - New law, new fines.
 
Yup... it isn't clear. I saw it on another website - where family income would be calculated into the fine if non-earning person was caught. I have to run now - but will look when I return.
JC

3Wishes 12.02.2013 09:03

Re: Serious Speeding - New law, new fines.
 
If it is a loophole, it's the best loophole ever for speeders. Every man that thinks he's a F1 driver just says, "Hey, wasn't me. Wife was driving. Nope, she doesn't have any income, sorry.":D:D

Blaze 12.02.2013 09:28

Re: Serious Speeding - New law, new fines.
 
Quote:

Originally Posted by drmom (Post 1795568)
As I have no income, if I were to get caught speeding, would they use my husband's income to calculate the fine, or is this a loophole for us stay at home moms :)

Don't quote me on this, but I think it would be calculated based on your husband's income - ie. your household income.

I'm pretty sure there are no loopholes. :p

Tom1234 12.02.2013 09:28

Re: Serious Speeding - New law, new fines.
 
Quote:

Originally Posted by Jumping Captain (Post 1795564)
Am glad the "no questions asked - right of way on zebra stripes" has been lifted.

Have you got a link to that bit, please? I couldn't find it.

Thanks

SimonHicken 12.02.2013 10:08

Re: Serious Speeding - New law, new fines.
 
Quote:

Originally Posted by Jumping Captain (Post 1795564)
Am glad the "no questions asked - right of way on zebra stripes" has been lifted.
JC

http://www.admin.ch/ch/f/rs/741_01/a49.html

The law says that pedestrians still have the priority but cannot just cross suddenly without indication.

So if you see someone who obviously wants to cross you have to give way and let them cross.

Jumping Captain 12.02.2013 10:27

Re: Serious Speeding - New law, new fines.
 
Quote:

Originally Posted by SimonHicken (Post 1795708)
http://www.admin.ch/ch/f/rs/741_01/a49.html

The law says that pedestrians still have the priority but cannot just cross suddenly without indication.

So if you see someone who obviously wants to cross you have to give way and let them cross.

Yes, obviously. But the turn and dash into the street days are over.... well, for the most people. Still some nitwits out there that abuse their right as pedestrians. Thus the new campaign "pedestrians are to make eye contact with the driver before crossing".
JC

Tom1234 12.02.2013 10:28

Re: Serious Speeding - New law, new fines.
 
Quote:

Originally Posted by SimonHicken (Post 1795708)
http://www.admin.ch/ch/f/rs/741_01/a49.html

The law says that pedestrians still have the priority but cannot just cross suddenly without indication.

So if you see someone who obviously wants to cross you have to give way and let them cross.

Thanks!

I was particularly interested in the law's exemption for BMW X5 drivers but couldn't find it in the small print. Must be my poor translation skills.

Jumping Captain 12.02.2013 10:32

Re: Serious Speeding - New law, new fines.
 
Still looking for the site on how the payment is calculated. In the mean time I found this:
http://www.bussenkatalog.ch/sicherheitsmargen

Stationäre Geschwindigkeitsmessungen und festinstallierte Radar-Messstellen:

Messergebnis - - - Abzug Reduction
bis 100 km/h - - - - 5 km/h
101 bis 150 km/h - 6 km/h
ab 151 km/h - - - - 7 km/h

Lasermessungen Laser Measurement:

Messergebnis - - - - - Abzug Reduction
bis 100 km/h - - - - - 3 km/h
101 bis 150 km/h - - 4 km/h
ab 151 km/h - - - - - 5 km/h


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