Swiss BMW Driver Slammed with $116,000 Tailgating Fine Because He's Rich

Original Article ↗ Hacker News Discussion ↗

Switzerland’s six-figure tailgating fine for a wealthy BMW driver is prompting broader debate over income-based penalties for traffic offenses. Supporters argue that scaling fines to earnings is the only way to create equal deterrence across rich and poor, while critics see it as invasive, potentially unjust if detached from actual harm, and vulnerable to perverse enforcement incentives. The exchange touches on equality vs. equity under the law, comparisons to progressive taxation, and practical questions about how such “day-fine” systems should be structured.

Swiss “day-fine” system and this case

  • The fine is calculated in “daily rates”: court sets a number of days, then multiplies by an income-based daily amount.
  • For such offenses, daily rates can go up to CHF 3,000; this driver got 50 days at CHF 1,970 each.
  • The theoretical maximum fine is discussed as CHF 150k (~$175k).
  • Commenters note this system has existed for decades in Switzerland and also in some other European countries.
  • How the number of days is set (offense tables, prior offenses, judicial discretion) is raised but remains unclear from the article and thread.

Equality vs proportionality of fines

  • One camp argues law should be “the same for everyone,” opposing income-based adjustments as unequal and potentially corrosive of legal neutrality.
  • Others counter that flat fines are de facto unequal because they are trivial for the rich and crushing for the poor; proportional fines are framed as a better realization of equality.
  • There is debate over whether “equality” should be measured in money paid, impact on one’s life, or risk/damage imposed on society.

Deterrence, harm, and justice

  • Supporters see high, income-based fines as necessary to deter wealthy offenders; otherwise fines become a convenience fee.
  • Critics argue CHF 100k+ for tailgating is disproportionate to the immediate harm and veers toward retribution rather than calibrated social cost.
  • Some emphasize tailgating and speeding as genuinely dangerous, with strong penalties justified to prevent deaths and serious crashes.

Privacy, incentives, and implementation concerns

  • Some find income disclosure for traffic fines invasive; others respond that governments already know income from taxes.
  • Concerns are raised about perverse incentives for enforcers to target expensive cars, especially in systems where fine revenue funds local police.
  • Suggestions include:
    • Scaling by income with caps and minima.
    • Including assets for low-income high-wealth people.
    • Tying fines to car value.
    • Using escalating penalties for repeat offenses.
    • Offering community service or jail-time alternatives.

Swiss driving and car culture

  • Experiences differ: some call Switzerland “anti-car” due to strict rules and costly mistakes; others describe it as car-friendly but highly orderly, with relaxed, rule-abiding driving.