COMPARISON OF FRENCH, SPANISH AND SWISS ROAD TRAFFIC LEGISLATION

VERGLEICHENDE HINWEISE AUF DAS FRANZOESISCHE, SPANISCHE UND SCHWEIZERISCHE STRASSENVERKEHRS-STRAFRECHT

FRENCH ROAD TRAFFIC LAW (CODE DE LA ROUTE) ORIGINATED IN 1958 AND HAS SINCE BEEN MUCH AMENDED, AND COMPRISES SOME 300 PARAGRAPHS. THE SPANISH LAW GOES BACK TO 1962, BUT THE PROVISIONS DEALING WITH OFFENCES HAVE SINCE BEEN INCORPORATED IN THE CRIMINAL LAW. THE LEGAL BASIS IN SWITZERLAND IS THE MUCH AMENDED FEDERAL LAW OF 1958 CONCERNING ROAD TRAFFIC. BOTH SWISS AND SPANISH LAW, BUT NOT FRENCH LAW, CONTAIN A GENERAL CLAUSE. ALL THREE CODES PROVIDE IN THE FIRST INSTANCE FOR MONETARY PENALTIES, AND IN SERIOUS CASES IMPRISONMENT. DRIVING BANS ARE IMPOSED IN SWITZERLAND BY THE ADMINISTRATIVE AUTHORITIES, IN FRANCE AND SPAIN EITHER BY THE JUDGE OR THE ADMINISTRATIVE AUTHORITY. IN THE SWISS CANTON OF BERNE A COMPULSORY REFRESHER DRIVING COURSE MAY BE ORDERED BY THE COURT. IN FRANCE AND SWITZERLAND, BUT NOT IN SPAIN, THERE ARE SPECIFIC PENALTIES FOR FLIGHT FROM THE SCENE OF ACCIDENT. FAILURE TO GIVE ASSISTANCE IS PENALISED IN ALL THREE COUNTRIES. THE PECULIARITIES OF PROCEEDINGS AGAINST DRUNKEN DRIVERS ARE REPORTED. IN SPAIN THERE IS NO SPECIFIED LIMIT, AND ONLY FINES ARE IMPOSED. IN FRANCE AND SWITZERLAND BOTH FINES AND IMPRISONMENT ARE CUSTOMARY IN CASES OF DRUNKEN DRIVING.

  • Authors:
    • TRECHSEL, S

Language

  • German

Media Info

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Filing Info

  • Accession Number: 01304509
  • Record Type: Publication
  • Source Agency: Bundesanstalt für Straßenwesen (BASt)
  • Files: ITRD
  • Created Date: Nov 21 2010 9:58AM