Speeding in Switzerland: Penalties and Procedures
In Switzerland, speeding triggers two separate proceedings, one criminal and one administrative, with consequences ranging from a fixed fine of CHF 40 to a custodial sentence and driving licence suspension.
Anyone caught exceeding the speed limit in Switzerland faces two separate proceedings: one criminal and one administrative. The consequences range from a simple fixed fine of CHF 40 to a custodial sentence of at least one year, plus suspension of the driving licence. The two proceedings are independent and cumulative: paying the fine does not close the matter in the slightest.
The Swiss dualistic system
Many drivers penalised for speeding believe that, once the fine is paid, the affair is over. It is not.
Swiss road traffic law provides for a dualistic system: every speeding offence triggers two separate procedures.
The first is the criminal procedure, governed by Art. 90 of the Road Traffic Act (SVG). This assesses the driver's culpability and the danger caused by the excess speed. The second is the administrative procedure, which concerns the driving licence: a state authorisation that may be revoked when the driver demonstrates that he or she no longer merits it.
The two procedures produce distinct outcomes and are applied cumulatively.
One detail worth knowing from the outset: after the offence is recorded, the first communication the vehicle owner receives is a request to identify the person who was driving. Anyone who provides false information risks criminal consequences for obstruction of justice or making false statements to the authorities (Art. 307 SCC).
Criminal procedure: the penalties
Criminal penalties depend on the net speed excess, that is, the value recorded after the tolerance margin has been deducted. The thresholds vary according to the road context.
Built-up areas (50 km/h limit)
| Net excess | Criminal penalty |
|---|---|
| 1–15 km/h | Fixed fine (CHF 40–260) |
| 16–20 km/h | Fine under the SCC |
| 21–25 km/h | Monetary penalty (day-fine units) |
| over 25 km/h | Custodial sentence, minimum 1 year (Art. 90 para. 3 SVG, Via Sicura) |
Outside built-up areas (80 km/h limit)
| Net excess | Criminal penalty |
|---|---|
| 1–20 km/h | Fixed fine (CHF 40–260) |
| 21–25 km/h | Fine under the SCC |
| 26–30 km/h | Monetary penalty (day-fine units) |
| over 30 km/h | Custodial sentence, minimum 1 year (Via Sicura) |
Motorways (120 km/h limit)
| Net excess | Criminal penalty |
|---|---|
| 1–25 km/h | Fixed fine (CHF 40–260) |
| 26–30 km/h | Fine under the SCC |
| 31–35 km/h | Monetary penalty (day-fine units) |
| over 35 km/h | Custodial sentence, minimum 1 year (Via Sicura) |
The fixed fine (Ordnungsbusse) applies to minor excesses and ranges from CHF 40 to CHF 260. If paid within 30 days, it becomes final without further costs.
The monetary penalty operates on the day-fine system provided for by Art. 34 SCC. Each day-fine unit corresponds to the driver's net daily income, subject to a maximum of CHF 3'000 per unit. As a concrete example: a driver with a net monthly income of CHF 6'000 would be assessed a day-fine unit of approximately CHF 200.
In cases of repeat offending, penalties are increased.
Administrative procedure: licence suspension
In parallel with the criminal procedure, the cantonal authority opens the administrative procedure. The sanction consists of the provisional suspension of the driving licence, the duration of which depends on the severity of the offence and the driver's prior record.
| Severity of offence | First offence | Repeat offence |
|---|---|---|
| Minor | Warning | Suspension 1 month |
| Moderately serious | Suspension, minimum 1 month | Suspension, minimum 4 months |
| Serious | Suspension, minimum 3 months | Suspension, minimum 12 months |
| Very serious (Via Sicura) | Suspension, minimum 24 months | Revocation for an indefinite period |
In addition to the suspension, the authority imposes an administrative fine proportionate to the criminal penalty, amounting to approximately 20% of the latter, with a minimum of CHF 300.
Drivers holding a foreign licence
If the driver is not resident in Switzerland, a driving ban for Switzerland is imposed for the corresponding period instead of a licence suspension. For more serious excesses, the Swiss authority notifies the offence to the competent foreign authority, which may in turn adopt measures under its own national law.
What this means in practice
For the driver resident in Switzerland: a speeding offence in a built-up area of just 26 km/h net carries a mandatory minimum custodial sentence of 1 year, suspension of the driving licence for at least 24 months, an administrative fine, and an entry in the criminal record. These are consequences that weigh heavily on both professional and personal life.
For the driver holding a foreign licence (cross-border commuter, tourist): in addition to the criminal penalty and the driving ban for Switzerland, the offence is reported to the authorities in the country of residence. In concrete terms, an Italian driver penalised in Switzerland for a serious excess also risks consequences for his or her Italian driving licence.
English Summary
Speeding fines and penalties in Switzerland: criminal and administrative consequences
Swiss law applies a dualistic system to speeding offences: every violation triggers two separate and independent proceedings. The criminal procedure, governed by Art. 90 of the Road Traffic Act (SVG), can result in fines, monetary penalties or, for serious cases exceeding the thresholds set by the Via Sicura legislation, a mandatory custodial sentence of at least one year.
The administrative procedure runs in parallel and concerns the driving licence itself. Depending on severity, the cantonal authority may issue a warning, suspend the licence for a minimum of one month, or revoke it indefinitely for repeated or very serious offences.
For drivers holding a foreign licence (EU/non-EU), the administrative sanction takes the form of a driving ban on Swiss territory. In cases of serious violations, Switzerland notifies the competent authority in the driver's country of residence, which may impose additional sanctions under its own national law.
The monetary penalty (Tagessatz system under Art. 34 of the Swiss Criminal Code) is calculated based on the offender's net daily income, capped at CHF 3'000 per unit. Fixed fines for minor offences (Ordnungsbusse) range from CHF 40 to CHF 260 and become final if paid within 30 days.
Practical advice:
- Always request the exact net speed excess recorded (after the tolerance margin deduction), as the entire sanction framework depends on this figure.
- Paying the criminal fine does not close the matter: the administrative procedure for licence suspension runs independently.
- Foreign drivers should seek legal advice promptly, as a Swiss driving ban may trigger consequences in their home country.
Legal assistance for speeding offences
If you have received a speeding notification in Switzerland, Avv. Hugo Haab and Avv. Roberto Haab of Haab Legal in Lugano can assist you in both the criminal and the administrative procedure, assessing the options at your disposal and representing you before the competent authorities.
For a personal consultation: info@haablegal.ch | +41 91 913 30 70
