Failing to maintain a safe distance while driving - and suddenly your driver's license is gone!
Why failing to maintain a safe distance in traffic is more serious than many people think
The following situation occurs countless times a day on the roads here: Car driver A wants to overtake car driver B, but car driver C is blocking the overtaking lane in front of him at a leisurely 110 km/h. A drives a little closer, not necessarily aggressively, but in the hope of persuading C to change lanes.
Not in every case, but increasingly often, A receives mail from the police a short time later: due to a distance measurement, criminal proceedings have been opened against him for not driving far enough. Shortly afterwards, the road traffic office also contacts him and wants to revoke his driver’s license.
Everyday situation – with legal risk
Anyone who drives in Switzerland knows that people often slow down in the left lane. If you want to overtake, you sometimes have to wait – and then move a little closer for a few seconds at best. Without indicating, without tailgating, simply as a non-verbal signal. This behavior is widespread. Many people do it – but only a few are caught. And those who are caught face severe consequences.
Distance offenses are therefore among the most common reasons for driving disqualifications in Switzerland today. On highways in particular, a brief moment with too little distance is often enough to result in severe penalties.
What is particularly annoying is that while drivers who fail to keep a safe distance are severely penalized, unnecessary driving on the left usually has no consequences.
How is the distance measured?
Police distance measurements are usually taken with special measuring equipment or from civilian police vehicles. Based on video recordings, a so-called distance/time analysis is used to calculate how much distance there was between the vehicles. Critical: It is usually the smallest distance measured that counts, not the average driving behavior. Particularly problematic: Even cell phone recordings can be sufficient if the analysis is carried out correctly.
Even a few seconds below the permitted value will result in a penalty notice and withdrawal of the driver’s license.
How much distance is “too little distance”?
Two rules of thumb have become established in practice and case law:
- “Half speedometer rule”: The distance in meters should correspond to at least half the speed in km/h. This corresponds to a time interval of 1.8 seconds.
- “Two-second rule”: The time gap to the vehicle in front should be at least two seconds.
If the distance is too short, there are always two proceedings: A distinction must be made between the criminal qualification by the public prosecutor’s office (simple or gross violation of traffic regulations) and the administrative qualification by the road traffic authority (minor, moderate or serious violation). Under criminal law, a fine, fine or custodial sentence may be imposed. Administratively, a driver’s license may be withdrawn – for at least three months in the case of serious violations.
Distance in seconds | Criminal law qualification | Qualification under administrative measures law |
< 0.3 seconds | Qualified gross violation of traffic regulations (speeding offense) | As a rule, precautionary driving disqualification with an order for a traffic psychologist’s report |
< 0.6 seconds | As a rule, gross violation of traffic regulations | As a rule, serious offense → at least 3 months driving disqualification |
0.6-1.2 seconds | Simple or gross violation of traffic regulations (depending on the circumstances) | As a rule, moderate or minor offense (depending on the circumstances) → at least 1 month withdrawal |
over 1.2 but <1.8 seconds | Partly simple traffic rule violation | Partial minor offense → warning or at least 1 month if ID card has already been withdrawn in the previous two years |
Important: In its leading decision BGE 131 IV 133, the Federal Supreme Court clarified that an overall assessment of the circumstances of the individual case is always decisive for qualification. In particularly unfavorable conditions (poor visibility, wet conditions, heavy traffic), even a smaller distance violation can lead to a stricter assessment.
Conclusion
There is a fine line between everyday behavior and breaking the law. What many consider to be a harmless gesture in the overtaking lane becomes grounds for disqualification in the measurement protocol. In the interests of fairness, unnecessary driving on the left should also be punished more consistently – because it is often the cause of dangerous situations.
If you are affected, you should not simply wait and see, but should actively clarify at an early stage whether the measurement is correct. This is the only way to protect your rights.
FF-Law Your contact for road traffic law
Have you received a letter from the road traffic authority or the public prosecutor’s office for not leaving enough distance?
Our lawyers in Winterthur specialize in traffic law and provide you with comprehensive support in matters relating to criminal and administrative proceedings.
FAQ: Frequently asked questions about insufficient distance in road traffic
In Switzerland, there is no legally fixed meter rule for the distance. Instead, the law stipulates that the distance must always be large enough to allow the driver to stop in time if the vehicle in front brakes unexpectedly. The rule of thumb is the “half speedometer” in meters (e.g. 60 meters at 120 km/h) or the “two-second rule”.
Among other things, the police use special video measurement systems on bridges to measure the distance. These systems record the speed being driven and the distance to the vehicle in front over a specific measurement distance in order to create a reliable data basis that can be used in court.
The penalties are strict and depend on the speed driven and the extent to which the distance was exceeded.
In criminal proceedings, fines, financial penalties and even custodial sentences are imposed. In addition, the Road Traffic Licensing Office can revoke driving licenses.
Yes, the “two-second rule” is used as a reference value by the courts, including the Federal Supreme Court. A distance of two seconds is considered sufficient. A significantly shorter distance, especially less than one second, is generally classified as a serious to gross violation of traffic regulations and punished accordingly.
Yes, even a short but massive failure to maintain a safe distance is punishable. According to case law, it is not necessary for the dangerous situation to persist over a longer distance for a conviction.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
