Phone while driving in Switzerland: what is allowed, fines & licence withdrawal

Short answer: using a phone while driving in Switzerland

The smartphone is one of the biggest distractions in the car today. For everyday driving and for the theory test, know these rules:

• Drivers must give their attention to the road and traffic and make sure it is not impaired by communication and information systems (Art. 3 para. 1 VRV).
• Phoning without a hands-free kit while driving costs a fixed fine of CHF 100 in a car (OBV Annex 1 no. 311) and CHF 40 on a bicycle or moped (no. 624).
• Typing or reading messages or browsing is not a fixed-fine offence. It leads to a report and ordinary criminal proceedings, often with licence withdrawal.
• Phoning hands-free is generally allowed, but only as long as you stay in full control of the vehicle (Art. 31 para. 1 SVG).
• You must not let go of the steering (Art. 3 para. 3 VRV).

What the law says

Switzerland has no separate "phone law". The rules follow from two principles: the driver must always control the vehicle so as to meet all duties of care (Art. 31 para. 1 SVG), and must not do anything while driving that makes operating the vehicle harder, making sure that attention is not impaired in particular by audio devices and communication or information systems (Art. 3 para. 1 VRV). Drivers of motor vehicles and cyclists may not let go of the steering (Art. 3 para. 3 VRV).

Phoning without hands-free: CHF 100

"Using a telephone without a hands-free device while driving" costs motor vehicle drivers CHF 100 (OBV Annex 1 no. 311) and cyclists, moped riders and e-rickshaw riders CHF 40 (no. 624). The simplified fixed-fine procedure does not apply if you endangered or injured someone or caused damage, or if you are accused of a further offence that is not on the fixed-fine list (Art. 4 para. 3 OBG). According to the Federal Supreme Court, you are not in control of the vehicle when phoning with the handset in your hand or wedged between head and shoulder (BGE 120 IV 63, cited by BFU).

Typing and reading messages: report instead of fixed fine

Only offences on the fixed-fine lists can be dealt with by fixed fine (Art. 1 para. 2 OBG), and texting is not on them. The BFU (Swiss Council for Accident Prevention) confirms that writing messages while driving is not a fixed-fine offence but can still lead to legal sanctions:

• Breaking traffic rules is punished with a fine set case by case (Art. 90 para. 1 SVG).
• The Federal Supreme Court classed writing a text message at the wheel as a serious traffic offence (judgment 6B_666/2009), punishable by up to three years' imprisonment or a monetary penalty (Art. 90 para. 2 SVG).
• The Valais cantonal police state that drivers who operate their phone while driving (texts, voicemail, internet) are reported and face licence withdrawal of at least one month and a high fine.

Hands-free, sat nav and headphones

Hands-free phoning is allowed in principle, but according to the BFU it can still lead to a conviction (Art. 90 SVG) if you no longer meet your duties of care, and it also increases accident risk. Programme the sat nav before you set off: only very brief actions are allowed that require neither looking away from traffic nor changing posture (judgment 1C_422/2016, cited by BFU). Audio devices must not impair your attention either (Art. 3 para. 1 VRV). In one individual case, holding a phone for 15 seconds without using it, eyes on the road, was not considered an offence (judgment 6B_1183/2014), but that is no free pass.

Why distraction is so dangerous

According to the BFU, inattention and distraction are the main or contributing cause of 31 % of serious road accidents, equal to 1,201 serious casualties in 2025. Distraction lengthens reaction time by about a third: braking half a second later at 50 km/h adds about 7 metres to the stopping distance. Phone use multiplies accident risk by 3.6. See safe following distance in Switzerland and pedestrian crossings.

Learner drivers and probationary licence holders

After a minor offence you receive a warning if your licence was not withdrawn in the previous two years (Art. 16a para. 3 SVG). A medium offence, i.e. creating or accepting a danger to others, means withdrawal of the learner or driving licence for at least one month (Art. 16b SVG). If a probationary licence is withdrawn for a medium or serious offence, probation is extended by one year; a further such offence cancels the licence (Art. 15a para. 3 and 4 SVG). More in probationary licence in Switzerland, learner's permit and alcohol limit.

Insurance: the BFU notes that phoning without hands-free has already led to reduced accident-insurance benefits for gross negligence (Art. 37 para. 2 UVG).

How to do it right

• Before driving: set the sat nav, make urgent calls, silence the phone.
• While driving: put the phone away; let a passenger take calls.
• If it really can't wait, the BFU advises simply stopping, e.g. in a car park. The motorway hard shoulder is not for phone calls (Valais cantonal police), see warning triangle in Switzerland.

Common test traps

• Hands-free does not mean anything goes: you must stay in control.
• A text message does not "only" cost CHF 100: it leads to criminal proceedings.
• Cyclists phoning without hands-free pay CHF 40.

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FAQ

What is the fine for using a phone while driving in Switzerland?
CHF 100 for phoning without hands-free in a car (OBV Annex 1 no. 311), CHF 40 on a bicycle or moped (no. 624).

What happens if I text while driving?
It is not a fixed-fine offence: you are reported and face criminal proceedings (Art. 90 SVG) and possible licence withdrawal.

Is hands-free phoning allowed?
Generally yes, as long as your attention is not impaired and you stay in control (Art. 3 para. 1 VRV, Art. 31 para. 1 SVG).

Sources

• Road Traffic Act (SVG, SR 741.01): Art. 15a, 16a, 16b, 31, 90
• Traffic Rules Ordinance (VRV, SR 741.11): Art. 3
• Fixed Penalties Act (OBG, SR 314.1): Art. 1, 4; Fixed Penalties Ordinance (OBV, SR 314.11): Annex 1 no. 311, 624
• BFU (phone at the wheel, legal consequences of distraction, distraction campaign); Valais cantonal police

Note: Not legal advice; the applicable legislation and the individual case are decisive.

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