Liability of the vehicle owner for speeding by the driver

Facts

The X. GmbH, as the owner of a passenger car, was fined CHF 250.- by the High Court of the Canton of Obwalden due to a speeding violation by the driver of the vehicle. X. GmbH filed a complaint with the Federal Supreme Court, arguing that the owner's liability under Art. 6 of the Fixed Penalty Act (FixPenA) would violate the presumption of innocence and the right to refuse to testify.

Considerations

1. The Federal Supreme Court holds that the owner's liability under Art. 6 FixPenA is compatible with the case law of the European Court of Human Rights (ECHR). The presumption of innocence and the right to refuse to testify are not absolute and can be restricted within the framework of proportionality. The request to the owner to identify the driver does not violate these rights, as every owner or driver of a motor vehicle is subject to road traffic legislation. 2. The Federal Supreme Court further holds that legal entities can also be considered owners of a motor vehicle within the meaning of Art. 6 FixPenA. The complainant cannot therefore argue that as a legal entity it cannot drive a vehicle. 3. However, the Federal Supreme Court concludes that Art. 6 FixPenA…