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Old 08.07.2018, 22:06
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Motorbikes and fines

Hi,

I'm asking a hypothetical question for a friend, I don't even have a motorbike driving license.

When my friend drives 120km/h in a 30km/h zone, and a camera gets a nice piciture of both the front and the rear of his bike, what happens next?
I assume police will get very interested and will want to find someone responsible, take his license away and put him to prison.

My question is, how exactly do they find the person responsible for speeding?
Is the fact that the bike is registered to my friend enough to determine that he is responsible for the terrible act of speeding in a 30-zone?
Will they try to see his face on the photo? What if on the photo he's wearing a black jacket and a helmet, and all bikers look alike in their black jackets and helmets?

This is a hypothetical question, please don't tell me that the friend should be happy to pay his fine or whatever. I want to know how exactly the motorbike fines are enforced.

Any insight will be much appreciated,
Thank you for your time!
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Old 08.07.2018, 22:07
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Re: Motorbikes and fines

Unless he can prove it was someone else, the punishment is his.

Tom
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Old 08.07.2018, 22:12
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Re: Motorbikes and fines

Isn't speeding a criminal offense after some point?
If so, shouldn't it be the prosecutor's responsibility to prove "beyond reasonable doubt" the identity of the driver?
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Old 08.07.2018, 22:19
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Re: Motorbikes and fines

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Isn't speeding a criminal offense after some point?
If so, shouldn't it be the prosecutor's responsibility to prove "beyond reasonable doubt" the identity of the driver?
yes, they do so by checking the registration plate.

and seriously, 120 in a 30 zone?
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Old 08.07.2018, 22:28
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Re: Motorbikes and fines

Tell your friend that if he drops the soap, he deserves what's coming
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Old 08.07.2018, 22:42
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Re: Motorbikes and fines

OoooBoy, your "friend" is not just going to jail, if they get their hands on him... 120 in a 30 zone, do the math, best would be to skip country and never come back.
Vorausgesetzt this is a genuine thread and not a wind up.
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Old 08.07.2018, 23:01
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Re: Motorbikes and fines

The question isn't based on any real-life cases, and is purely artificial.

The answers so far match what I've heard from other people, that swiss police doesn't hesitate to fine people just by looking at the motorbike plates.

What if a single bike is shared by spouses? or a friend wants to learn driving and does something that should go into the criminal record?
Does it mean the bike owner needs to guarantee their own alibi?
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Old 08.07.2018, 23:02
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Re: Motorbikes and fines

https://www.lematin.ch/faits-divers/...story/18663798

4.000,- Fine, 18 months of prison, and residence permit revoked.

And this dude was only driving 69 km to fast.
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Old 08.07.2018, 23:05
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Re: Motorbikes and fines

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The question isn't based on any real-life cases, and is purely artificial.

The answers so far match what I've heard from other people, that swiss police doesn't hesitate to fine people just by looking at the motorbike plates.

What if a single bike is shared by spouses? or a friend wants to learn driving and does something that should go into the criminal record?
Does it mean the bike owner needs to guarantee their own alibi?
In 2014 they installed new rules, one of them is that if the author of an offense is unknown, then the fine falls on the owner named on the vehicle’s ownership papers.

If the owner can just proof (or the other party simply admits) that somebody else was driving they get the fine and the owner is off the hook. But somebody has to pay. (even tho there is one rare case where the Judge overruled the law since he did find the picture to unclear.)
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Old 08.07.2018, 23:10
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Re: Motorbikes and fines

The owner has the least problems. It is the registered holder which has all the responsibilities and has to make sure that the bike is not misused or ridden by someone who does not have a license.

The police are known to search the home of the registered holder at 5:30am, look gear, photographs and other evidence on telephone, computer, social media accounts etc. They may also look whose phone was logged in to the nearby mobile phone towers.

Unless it was close family the registered holder has to answer who had used the bike. To speed up prosecution they might even visit the holder at its workplace ASAP the photo of bad deed has been spotted.

We are speaking about an offense that is punishable by one to four years in prison, for first time offenders often suspended when no one was harmed.
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Old 08.07.2018, 23:10
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Re: Motorbikes and fines

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The question isn't based on any real-life cases, and is purely artificial.
ok, please close this thread.
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Old 08.07.2018, 23:12
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Re: Motorbikes and fines

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In 2014 they installed new rules, one of them is that if the author of an offense is unknown, then the fine falls on the owner named on the vehicle’s ownership papers.
That is just for simple fines according OBV/OBG https://www.admin.ch/opc/de/classifi...138/index.html
For anything beyond that, only the driver itself can be punished.
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Old 08.07.2018, 23:18
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Re: Motorbikes and fines

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https://www.lematin.ch/faits-divers/...story/18663798

4.000,- Fine, 18 months of prison, and residence permit revoked.

And this dude was only driving 69 km to fast.
"Avec suris", which means the prison sentence is suspended.

Only 10% have to actually go to prison:
http://www.20min.ch/schweiz/news/sto...itzen-20803815
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Old 08.07.2018, 23:24
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Re: Motorbikes and fines

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ok, please close this thread.
Why? Interesting thread were a lot of funny stories can be told.
Like this one where I have the 5.30am from https://www.tagesanzeiger.ch/zuerich...story/14801545
or this one https://www.bernerzeitung.ch/region/...story/11729637 where they used the mobile tower logs as evidence
or this one https://www.luzernerzeitung.ch/zentr...-zone-ld.20908 where they searched the house eventought they stopped the driver on the spot
or this guy https://www.landbote.ch/region/winte...story/11062179 who shared his shenanigans on Whatsapp, and the police got the video (once throug a snitch , and also once because they inspected an others person mobile phone). They also searched the drivers home and found some illegal weapons.
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Last edited by aSwissInTheUS; 08.07.2018 at 23:41.
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Old 09.07.2018, 00:24
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Wow!

Thanks aSwissInTheUS for the stories, really fascinating.

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ok, please close this thread.
This is called abstract thinking, look it up, I find it really useful.

Last edited by 3Wishes; 09.07.2018 at 06:58. Reason: merging consecutive replies
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Old 09.07.2018, 06:48
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Re: Motorbikes and fines

Is CH not one of those countries where you are asked if anybody else will be driving the vehicle when you register it? Meaning that only the owner or somebody who has been included into the registration can actually drive the thing.
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Old 09.07.2018, 07:22
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Re: Motorbikes and fines

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Is CH not one of those countries where you are asked if anybody else will be driving the vehicle when you register it? Meaning that only the owner or somebody who has been included into the registration can actually drive the thing.
No, anybody can drive it.

Tom
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Old 09.07.2018, 10:34
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Re: Motorbikes and fines

Is this the alternative idea to get rid of an illegal? Pinch his bike, speed through the 30-zone at 120km/h?
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Old 09.07.2018, 11:36
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Re: Motorbikes and fines

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Is this the alternative idea to get rid of an illegal? Pinch his bike, speed through the 30-zone at 120km/h?
Don't go getting ideas...
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Old 09.07.2018, 11:40
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Re: Motorbikes and fines

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Is CH not one of those countries where you are asked if anybody else will be driving the vehicle when you register it? Meaning that only the owner or somebody who has been included into the registration can actually drive the thing.
The person which registers the bike does not have to be the owner. Nor the driver, nor actually be able to drive the bike themselves (or any other vehicle).
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