Zug, 22.11.2019

Traffic fines do not fill holes in the budget

When people talk about the police, there’s usually black or white opinions. Some people call for law enforcement when things get out of hand, or if they don’t feel safe in certain places. Others become annoyed when they receive a parking fine or a ticket for speeding. This black-and-white pattern revealed itself once again at the last Cantonal Council meeting on October 31, when the parliament dealt with the replies of the government council to two questions from the Swiss People’s Party (SVP) regarding speed checks. The interpellants were unhappy because the Government Council would not disclose the locations of the speed measuring systems. Security Director Beat Villiger and Thomas Armbruster, commander of the Zug police, comment on the allegations.

How much has the Canton of Zug earned in traffic fines over the past three years?
Beat Villiger: The revenue from the speeding fines amounted to almost CHF 4.2 million in 2016, CHF 4.6 million in 2017, and CHF 4.8 million in 2018. In addition, there were parking fines and other traffic offences, littering and fines relating to the narcotics legislation, totalling about CHF 6.1 million.

Are revenues fines reported in the cantonal budget?
Beat Villiger: Revenue from fines is included in the total revenue of the budget and the annual report of the police in Zug. Revenue from fines imposed by the police is not shown in detail in the global budget.

Is there a list of parking fines, traffic regulations violations and so on?
Thomas Armbruster: As shown in the current police statistics "Security in the canton of Zug", a total of 97,340 police fines were issued as a result of speeding checks in 2017, compared to 67,173 in 2018. This is the total number of speed fines in the whole cantonal area, expressed as fixed, semi-stationary and mobile installations. We do not keep statistics for the individual devices. The decrease results to a large extent from the fact that the smaller fines – i.e. up to 20 francs, were waived.

Does the income from fines go into the general budget, or are they credited to the security directorate?
Beat Villiger: There is no closed loop or earmarked fund, as is the case with fees. The revenue from fines flows into the overall budget of the canton, and a further part goes to the municipalities, where the police work on their behalf. The Zug police or the security directorate do not profit from the fines.

How many stationary control systems are currently installed in the Canton of Zug?
Thomas Armbruster: We no longer operate stationary speed measuring systems. The 13 stationary plants were phased out by the end of 2018. We now use three semi-stationary systems as a replacement. This was also reported in the 2018 Annual Report.

How many installations are there on motorways, how many on cantonal roads, how many on municipal roads?
Thomas Armbruster: If the question relates to the fixed installations, the answer is none. We never had any fixed facilities on the motorways. With regard to semi-stationary installations, we mainly use two on main and side roads, and one on the motorway.

How expensive is or was a stationary plant?
Beat Villiger: The last replacement of a stationary fixed installation at Blickensdorferstrasse in Steinhausen in 2010 cost CHF 275,451. There were also annual operating costs of a few thousand francs for the calibration, electricity and so on.

How expensive is a mobile installation? How many mobile installations has the canton procured? From where does the Canton of Zug acquire such mobile devices?
Beat Villiger: We currently source our semi-stationary installations from the Jenoptik Traffic Solution in Uster. The last semi-stationary installation was commissioned in October 2017. Including verification, it cost around CHF 237,000. It's a much more cost-effective solution than an increasing number of fixed installations, and we're also seeing improved driving patterns. The public prosecutor's office has had fewer charges to handle. The experience with the three semi-stationary plants is good. At the same time, the density of checks in comparison with other cantons is rather low, and is also lower than in the past with the 13 fixed, year-round installations. The three semi-stationary installations are used for a maximum of 230 days per year, according to the police specifications.

Does the deduction of five kilometres an hour also apply to the newer generation devices, due to the inaccuracy of registration?
Thomas Armbruster: Yes, there is a so-called safety deduction. In the case of semi-stationary installations and mobile installations, the measurement procedure requires deductions in accordance with Article 8 of the Ordinance of the Federal Roads Office on the Road Traffic Control Ordinance. In addition, the Zug police applied a goodwill factor of one km per hour until 2015.

Mobile radar installations are always a discussion point. Traffic fines from speed checks in Zug are not credited to the police.
Government Councillor Beat Villiger
Thomas Armbruster, commander of the Zug police

From experience, how long are the mobile systems used at a single location? Who decides where a mobile installation will be used?
Thomas Armbruster: Semi-stationary installations stay in one place site for up to a week. The service life is limited by the battery capacity.

Who decides where a mobile installation will be used?
Thomas Armbruster: The Zug police decide where speed measuring systems are used. This is partly done in consultation with the municipalities. Speed checks have the aim of ensuring that the prevailing speed limits are observed at accident blackspots, in places with high passenger numbers or in difficult traffic situations. These checks help local municipalities to enforce their traffic arrangements, such as Tempo 30 zones or meeting areas. The Zug police also carry out checks along the school routes of the beginning of the school terms. These are announced in advance. Speed checks also have a positive effect on the noise situation, and increase worker safety at road construction sites.

How is the hierarchy structured? When will a road user be charged? When did you simply fined?
Thomas Armbruster: People who commit an offence covered by the spot-fine law will be fined. If the offence also represents a dangerous situation, the spot-fine law may no longer be applied. The ordinary charge procedure is then used. In those cases, and in all other cases, the offender must appear before the public prosecutor. The spot-fine regulations of the federal government contain the definitive list of what offences can be charged and by what amount.

When is a police officer allowed to order the motorists to take a breath test?
Thomas Armbruster: Breath alcohol checks may be carried out by the police without any indication of a traffic offence - that means at any time. The legal regulation can be found in Article 55 of the Road Traffic Act. Suspicion is necessary, however, for drugs or narcotics checks.

Who decides on the fines?
Thomas Armbruster: That depends on the offence. Either the police decide within the context of the Spot Fines law, or the public prosecutor's office in other areas where there is no standard fine.

There is the term "fishing expedition". In other words, there are hotspots where a good result in terms of traffic fines is almost certain.
Beat Villiger: There is a belief that the police capitalise on particularly lucrative situations, but this is wrong. The police are not subject to performance requirements in generating fines or to fill budget holes. The goal is road safety, as stated in the annual performance mandate. An indicator is the number of people severely injured or killed in traffic, which should be as low as possible.

Who decides where a patrol makes speed measurements?
Beat Villiger: The Zug police decide that based on their experience. Or the municipalities can approach to the police if they want to recognize and defuse dangerous locations. The Road Traffic Act also stipulates that checks can be carried out on all roads. 66 % of the speed checks by the Zug police are carried out in built-up areas, and 22% outside. Nine percent is accounted for by the motorway routes within the canton of Zug. The number of accidents in Switzerland is practically within the bandwidth of the speed checks. In other words, 66 % of accidents occur in urban areas. There are around 200 places within the canton of Zug where speed measurements can be carried out.

What challenges does the Zug police currently face?
Beat Villiger: More and more means of transport are being used on the limited traffic areas. I'm thinking of the e-bikes that can nowadays drive up to 50 km/h. And E-scooters also have to be considered, which didn’t even exist a few years ago. To ensure a good coexistence and togetherness, more respect and calmness is required in road traffic.

 

Fines budgeted by the Security Directorate

The Security Directorate has earmarked CHF 6 million in revenue from fines in the 2020 Budget. this value amounted to CHF 6.4 million in 2018. The Zug police have effectively taken only CHF 6.07 million through fines this year, however. CHF 4.78 million francs of this arises from speeding offenses.

Thomas Armbruster, the commander of the Zug Police says that the budgeted sum for the expected revenue from traffic fines is based on experience. For the next year (2020), Zug Finance Director Heinz Tännler expects the canton to generate revenues of around CHF 1.685 billion. The CHF 6 million from traffic fines budgeted by the Zug police thereby corresponds to 3.56 percent of the budget.