Everyone on an equal footing when it comes to speeding!
Everyone on an equal footing when it comes to speeding!
When it comes to speeding offences, a distinction is made between minor, medium and serious offences, depending on the extent of the excess recorded by the police and the place where it occurred. The law on road traffic (LCR) stipulates that when an offence is committed, two different penalties are imposed: a criminal penalty and an administrative penalty.The administrative penalty relates to the driving licence, and articles 16 et seq of the LCR stipulate that the possible penalties are a warning for a minor offence or the withdrawal of the licence, ranging from 1 month for a moderate offence to permanent withdrawal in the case of a serious offence.The length of the licence withdrawal depends on a number of factors, including the nature and circumstances of the offence, particularly from the point of view of road safety, the driver's previous record and his or her personal or professional need to have a motor vehicle at his or her disposal.With regard to the penal aspect provided for in articles 90 et seq LCR, the same differences in offences (minor, moderate or serious) and the same distinctions in location (30 km/h zone, in a locality, outside a locality or on the motorway) apply. Penalties can take the form of a simple fine or a ticket, but can go as far as a custodial sentence in the case of offences involving speeding of at least 40km/h in a 30 km/h zone, 50km/h in a locality, 60km/h outside a locality or 80km/h on the motorway. That said, the penalty imposed will already be entered on the criminal record if the offence is committed by exceeding the speed limit by 25 km/h in a 30 km/h zone or in a locality, 30 km/h outside a locality or 35 km/h on the motorway. Whether in administrative or criminal terms, the criterion of previous convictions is crucial and the criterion of the need to use one's vehicle can play a role, especially when it is for the purpose of doing good to others!That said, according to article 1 of the Road Traffic Ordinance, vehicles include roller skates, children's bicycles, scooters or similar means of locomotion equipped with wheels or castors and powered solely by the muscular strength of the users. It would therefore seem that you could, if need be, consider delivering your Christmas presents by sleigh, if that's your mission, and we'd like to take this opportunity to wish all Tribune readers a very happy festive season, and look forward to seeing you in these columns in 2022!
