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  #41  
Old 09.11.2010, 15:59
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Re: Speeding Fine, not switched licence over

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So if i go dual residency for 2010 between the UK and Swiss they cant exactly do me driving on an invalid licence. So as far as I can see they can only do me for the speeding
Do you know the requirements to achieve this?
Do you think your tax exposure in the UK will be > or < the speeding fine coming your way?
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  #42  
Old 09.11.2010, 16:00
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Re: Speeding Fine, not switched licence over

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When we changed our licences over, they took our UK licences away. We tried to argue with them, but to no avail. Our Swiss licences have our UK number on them however. We then had difficulty insuring my car which is till left at our UK address!
The correct proceedure is to return the UK(EU) license back to the issuing authority(DVLA) where it is cancelled. It is done with EU licences, but not with non EU licences.
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  #43  
Old 09.11.2010, 16:11
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Re: Speeding Fine, not switched licence over

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Do you know the requirements to achieve this?
Do you think your tax exposure in the UK will be > or < the speeding fine coming your way?
Ill drop about 19k GBP doing it this way but its still easier than getting a criminal conviction and some potential jail time.
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  #44  
Old 09.11.2010, 16:27
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Re: Speeding Fine, not switched licence over

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Ill drop about 19k GBP doing it this way but its still easier than getting a criminal conviction and some potential jail time.
wow, you're a happy-go-lucky kind of person.

and the letter has not even arrived yet; it might not arrive. They might just send a payment slip and be done with it. They might contact DVLA with your details.

I'd wait before falling on the sword. Heck, give me the 19 grand and tell them I was driving!
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  #45  
Old 10.11.2010, 06:29
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Re: Speeding Fine, not switched licence over

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Did your friend give her Swiss address or her foreign address?

Swiss address - as she is resident in Switzerland and reasonably honest .
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I didn't go to jail over a car accident .....
With or without a valid licence ?
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  #46  
Old 10.11.2010, 07:52
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Re: Speeding Fine, not switched licence over

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Three rules for dealing with the police

1. Never volunteer information
2. Never speak to them while under caution, without a lawyer present
3. Never lie to them. (Actually, they assume you're lying, so telling the truth might cause considerable confusion ).
I always carry my UK passport (with an address in the UK) and my Swiss ID Card in the other pocket and will decide which one to use depending on the circumstances.
When taking the train or walking in and out of Switzerland to Italy; it really makes a difference which one you show depending on the time and size and type of bag you are carrying through the border.
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  #47  
Old 10.11.2010, 08:40
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Re: Speeding Fine, not switched licence over

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A USA colleague was stopped - she was 8 months past the time when she should have changed her license. Her license was invalidated on the spot. Her fine was much larger than the OP and she had to do 12 hours compulsory training and take the full test before being allowed back on the road... with a Swiss license.
Having had a chat with said colleague I got this mostly wrong .

She was stopped for doing 180 on the highway and the failure to switch was picked up at the same time. The training was all classroom. The "test" was just the short one. She switched her license immediately and had it taken off her for 3 months. The "fine" included failure to switch license and the cost of the classroom training, administration, and other bits and pieces inc. a psychiatrists report . Her excuse of being late for a flight back to the US which she had to make due to a bereavment was taken into account for the speeding part.

Total was CHF 6500 give or take a few rappen. Ouch.
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  #48  
Old 10.11.2010, 08:50
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Re: Speeding Fine, not switched licence over

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Having had a chat with said colleague I got this mostly wrong .

She was stopped for doing 180 on the highway and the failure to switch was picked up at the same time. The training was all classroom. The "test" was just the short one. She switched her license immediately and had it taken off her for 3 months. The "fine" included failure to switch license and the cost of the classroom training, administration, and other bits and pieces inc. a psychiatrists report . Her excuse of being late for a flight back to the US which she had to make due to a bereavment was taken into account for the speeding part.

Total was CHF 6500 give or take a few rappen. Ouch.
Jeeze, but if she was doing 180 I am surprised she didnt get more than that, Thats a bloomin high speed so guess thats why partly the fine was so high..........
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  #49  
Old 10.11.2010, 08:57
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Re: Speeding Fine, not switched licence over

Based on Swissbobs update (and to be honest, doesn't look like you got much wrong in the original telling, rather added more details), it looks like you've got the following issues to deal with:

1) speeding - mitigating circumstances for the hospital trip, so if poss, I would get the medical records re admissions and hope that it was a real emergency (although why you didn't call for an ambulance will be a criticism)

2) form for not having a real licence - you've been caught and fined before so should know better - you can't even claim ignorance of the law, so basically you knowingly broke the law - cops & judges don't like that

3) possibly the worst (although a close run vs point 2), you've lied about your residential address being in the UK - perverting the course of justice - you need to come up with a watertight reason why that was a genuine address rather than trying to "get out of it". Where, for example, have you been paying tax these past years?

Have you contacted a lawyer yet?
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  #50  
Old 10.11.2010, 09:19
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Re: Speeding Fine, not switched licence over

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Based on Swissbobs update (and to be honest, doesn't look like you got much wrong in the original telling, rather added more details), it looks like you've got the following issues to deal with:

1) speeding - mitigating circumstances for the hospital trip, so if poss, I would get the medical records re admissions and hope that it was a real emergency (although why you didn't call for an ambulance will be a criticism)

2) form for not having a real licence - you've been caught and fined before so should know better - you can't even claim ignorance of the law, so basically you knowingly broke the law - cops & judges don't like that

3) possibly the worst (although a close run vs point 2), you've lied about your residential address being in the UK - perverting the course of justice - you need to come up with a watertight reason why that was a genuine address rather than trying to "get out of it". Where, for example, have you been paying tax these past years?

Have you contacted a lawyer yet?
1, Yes i was speeding
2. If I am dual residency then there can be little argument that I can validly drive on a UK licence, especially as you can only possess one licence not both and I drivein the UK but not here?
3. I have residence and family in UK so I bite bullet and pay UK taxes aswell this year for 2010 - 2011 I can simply claim duel residency and as I do stay at my place in the UK regurlaly that can also be established as my residence.

Expensive but clean....
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  #51  
Old 10.11.2010, 09:31
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Re: Speeding Fine, not switched licence over

On a wider issue the OP is not doing anything to enhance the image of foreigners with the Swiss police.

When I read again and again here the attitude of speeders, licence dodgers, apartment deposit dodgers, job switchers etc etc who all feel they still have one foot in the their home country and so can flout Swiss laws, it is little wonder the SVP have such a groundswell of support among the Swiss...
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  #52  
Old 10.11.2010, 12:31
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Re: Speeding Fine, not switched licence over

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2. If I am dual residency
How can you have dual residency, you either reside in one country or another, but surely not both!
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  #53  
Old 10.11.2010, 12:34
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Re: Speeding Fine, not switched licence over

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How can you have dual residency, you either reside in one country or another, but surely not both!
If you have a primary home outside of CH but work here, you can make tax deductions on that basis (as I understand it). Using this rationale, you could claim dual residency, although I am by no means a lawyer, so this is - as ever - an opinion.
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  #54  
Old 10.11.2010, 21:52
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Re: Speeding Fine, not switched licence over

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3. I have residence and family in UK so I bite bullet and pay UK taxes aswell this year for 2010 - 2011 I can simply claim duel residency and as I do stay at my place in the UK regurlaly that can also be established as my residence.

Expensive but clean....
You should be aware that for the most part, dual residency is a tax concept only and that you don't decide when it happens, the tax authorities do and if they do, they will normally do it for all years!!!

For most other circumstances, you only have one place of residency and that is the place you spend the majority of your time or where your economic center is.

Good luck with that,

Jim.
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  #55  
Old 10.11.2010, 22:45
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Re: Speeding Fine, not switched licence over

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With or without a valid licence ?
Like I said, my "non changed over license" was perfectly valid.

We called the legal assistance people* and they told me it was an administrative fault not a criminal one. And that I -may- get fined. I was not. If I had been speeding I probably would have been fined, like your friend. But to say the license is not valid is not correct.

I'm not advocating not changing over your license**.

I did not realize that the OP was going so much over the limit. I don't know how this will play out in the UK. Can they fine him in the UK for excessive speed? Probably right? Can the arrest him? Probably not. But if he does get arrested, it would be for speeding and not for an invalid license.

My larger point is that the OP should just chill out and accept the consequences when they arrive. I'm sure they will be less than the 19,000 potential tax liability of getting "dual residence". (eye rolly thing)



* I know I keep pushing them, but it's sooo worth it. I should get a commission.
** Yes, AbFab. I know I'm a bad foreigner. I'll take my spankings.
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  #56  
Old 09.11.2011, 17:15
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Re: Speeding Fine, not switched licence over

The final result.

12 months and alot of arguing with the Swiss authorities. For the speeding offence 450 CHF. The strassenverkehrsamt admin fee 250 CHF. and a potential 1 month ban if I reoffend within 2 years.
In Zurich although technically you supposed to switch your licence over within 12 months of arriving. Reality is they will accept it upto 5 years. After that you have to do the test.
The ironic thing, I told them I do not want to swap my licence as I will only drive in the UK, so I can keep my UK licence if I dont drive on Swiss roads again.
Reality is if you are willing to question the Swiss authorities time and time again its amazing how they will back peddle on what are "the rules".
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  #57  
Old 09.11.2011, 17:43
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Re: Speeding Fine, not switched licence over

Don't do anything.

If you have a UK address and a UK licence you are UK resident as far as the speeding fine is concerned, so just wait for the fine to arrive at your UK address and pay it...

end of story.

If you are likely to be driving in Swiss again then maybe get your licence swapped, but if you have a UK licence and a UK address why bother...
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  #58  
Old 09.11.2011, 17:45
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Re: Speeding Fine, not switched licence over

just read your last post... so ignore my previous post as it's too late.

Glad you got it sorted out.
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  #59  
Old 09.11.2011, 17:54
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Re: Speeding Fine, not switched licence over

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The ironic thing, I told them I do not want to swap my licence as I will only drive in the UK, so I can keep my UK licence if I dont drive on Swiss roads again
Why not do the exchange?

That way, you'll be all legal and above board in both countries, and you won't amass points in UK.
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  #60  
Old 09.11.2011, 18:33
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Re: Speeding Fine, not switched licence over

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Why not do the exchange?

That way, you'll be all legal and above board in both countries, and you won't amass points in UK.
Ever tried to insure a car in the UK if you do not hold a UK license?
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