Phone while driving in Switzerland: rules and penalties

Holding or using a phone without a hands-free device while driving is punished by a fixed fine, and can lead as far as licence withdrawal in cases of endangerment.

No article specifically naming the "phone", but a general duty of attention

Swiss law contains no article specifically naming mobile phones. The prohibition follows from the driver's general duty of attention: under art. 31 para. 1 LCR, the driver must remain in constant control of the vehicle. Art. 3 para. 1 OCR specifies this duty: the driver must devote their attention to the road and to traffic, and ensure that their attention is not distracted by a sound-reproducing device or by an information or communication system.

Fixed fine: CHF 100 for a motor vehicle

Using a phone without a hands-free device while driving is punished by a fixed fine of CHF 100 for the driver of a motor vehicle (Annex 1 of the Ordinance on Fixed Penalty Fines, no. 311). For a cyclist, a moped rider or the rider of an electric bike-taxi, the fixed fine is CHF 40 (same annex, no. 624).

Hands-free use does not exempt from the duty of attention

The fixed fine specifically targets the absence of a hands-free device. Hands-free use is therefore not punished in the same way, but remains subject to the general duty of attention under art. 3 para. 1 OCR: if its use nevertheless creates an observed distraction, the offence can be established on this general basis.

When it goes beyond the fixed fine

If the use of the phone creates a concrete danger to traffic, the fixed-fine procedure no longer applies: the offence then falls under art. 90 LCR, with a possible administrative measure (warning or licence withdrawal) depending on the degree of severity established - see the page offense classification system.