How to contest a fine
One of the officers in the municipality where I live is a bit trigger-happy when it comes to leaving butterflies on the windscreens of motorists, who end up with fines of 40 francs for a yes or a no, often in a questionable manner. Of course, no-one would want to take legal action for that amount of money, but the mustard is getting to my nose and I'd still like to know how things work in practice...
L.
The Federal Act on Fines and Penalties (LAO) and its implementing ordinance (OAO) establish a list of penalties applicable to certain offences - particularly road traffic offences - the amount of which does not depend on the offender's background or personal circumstances, unlike the days' fine system provided for in the Swiss Penal Code, which does depend on the offender's financial situation.
Challenging a fine can be a daunting task when the amount in dispute is small. So here's a short guide for the more determined.
A certain number of details must appear on the official report drawn up using the device used by parking enforcement officers, including the identity of the person who drew it up, the date and time and the alleged offence (art. 9 LAO). The fine may be paid immediately or within a period of 30 days (art. 6 LAO). If this is not the case, the fine will be notified in writing to the holder of the vehicle shown on the driving licence, who will then have 30 days in which to pay it, failing which criminal proceedings will be brought against him.
In the canton of Geneva, employees of the Fondation des Parkings, among others, are responsible for issuing parking fines (art. 12 of the Geneva law implementing federal legislation on road traffic). In the canton of Vaud, the municipal police, provided that the municipality in question has such a police force, are responsible for recording and reporting the offences listed in Appendix I of the OAO (art. 15 of the Vaud law on road traffic (LVCR).
In the canton of Geneva, the competent authority to conduct the criminal proceedings is the Service des contraventions (art. 11 of the Geneva law implementing the Swiss Penal Code and other federal laws on criminal matters), at the end of which the service will issue a criminal order (a decision) on the matter. In the canton of Vaud, the competent authority is communal (art. 15 LVCR) and is in principle called the Police Commission.
If you are not satisfied with a criminal court order served by registered post, you have ten days in which to lodge an objection, in the canton of Geneva with the Public Prosecutor's Office, and in the canton of Vaud with the municipal authority. In both cases, the Police Court will be responsible for deciding the case if the competent authority decides to uphold the order.
