If you drive too fast, you won't gather any moss

If you drive too fast, you won't gather any moss

I've just bought a magnificent car and I briefly accelerated above the speed limit on the motorway for just a few seconds, when the road was perfectly clear and with total visibility. Unfortunately, I think I was flashed just as I was peaking at over 200 km/h and I wonder if I could be charged with a 'hit-and-run' offence?

X.

You are right to fear this: in 2023, the judges of the Swiss Federal Supreme Court once again confirmed that in the case of very substantial speeding, even without any intention of putting other road users at risk of an accident, and even in the case of acceleration that is very limited in space and time, Articles 90(3) and (4) of the Road Traffic Act - commonly referred to as "hit-and-run offences" - apply.

As a reminder, these articles stipulate that drivers who intentionally violate the fundamental rules of road traffic, thereby accepting to run a high risk of an accident that could result in serious injury or death, whether by committing particularly serious speeding offences, by reckless overtaking or by taking part in illegal speed races with motor vehicles, will be punished by a custodial sentence of between 1 and 4 years. Speeding is particularly serious when the maximum authorised speed is exceeded by at least 40 km/h on a road limited to 30 km/h, by at least 50 km/h on a road limited to 50 km/h, by at least 60 km/h on a road limited to 80 km/h and by at least 80 km/h where the limit is set at more than 80 km/h, particularly on the motorway.

According to case law (which is particularly strict on this point), under no circumstances can drivers guilty of such behaviour obtain a less severe penalty on the grounds that they had a moment's inattention, that the overtaking only lasted a very short time or that they always kept perfect control of the vehicle while exceeding the speed limit.

In August 2023, for example, the Swiss Federal Court upheld the conviction for the offence of hit-and-run driving of a driver who had accelerated for less than ten seconds well in excess of the speed limits on an uphill road in the canton of Ticino, to "please" a child who was present in his vehicle and to demonstrate its power, ruling that this was a particularly reckless demonstration. So if you want to test a vehicle's capabilities, it's best to book a session on a circuit specially designed for the purpose, and save yourself a lot of trouble!

Pascal Rytz