Facts
On 7 February 1995, P. exceeded the maximum speed limit of 100 km/h by 31 km/h on the N13 motorway in Pignia, Canton of Grisons. The road had two-way traffic with two lanes in each direction, without a central separation. Although the traffic and visibility conditions were favourable, and no other road user was concretely endangered, the Federal Tribunal considered that this significant excess of speed on a semi-motorway constituted an objective serious violation of traffic rules, within the meaning of Art. 90 para. 2 RTA.Considerations
The case law of the Federal Tribunal considers that when the maximum speed limit is exceeded by 30 km/h or more on a semi-motorway without central separation, the conditions for a serious violation of traffic rules are met, regardless of the specific circumstances. Indeed, at such a speed, the risk of losing control of the vehicle and colliding head-on with a vehicle coming from the opposite direction is significantly higher than on a motorway with separated lanes. This situation of abstract danger is sufficient to characterize a serious violation within the meaning of Art. 90 para. 2 RTA.
Contra…