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741.21 SSVOSROSSTR CH

Art. 104 Ordinance of September 5, 1979, on Road Signage (OSR) - Jurisdiction

OSR; Chapitre 14 Exigences générales en matière de signalisation routière
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Art. 104 OSR · Jurisdiction

The installation and removal of signals and markings are the responsibility of the authority. The obligation of road users to signal obstacles on the roadway (Art. 4, Sec. 1, LCR; Art. 23 and 54, OCR), the authorization for the police to install necessary signals if they can take measures on their own initiative (Art. 107, Sec. 4; Art. 3, Sec. 6, LCR), and the authorization of convoy vehicle personnel to display the "Other Dangers" signal (1.30; Art. 103, Sec. 5) on variable display panels are reserved.

Cantons may delegate signaling tasks to municipalities but must exercise oversight.

The installation and removal of signals and markings on national roads, including at junctions with connecting routes, auxiliary facilities, and rest areas according to Art. 2, let. c to e, ORN, fall under the OFROU. Signals and markings related to the completion of the national road network, as decided, which are valid for no more than one year, can be installed by the authority following the guidelines issued by the DETEC. Traffic regulations are issued in accordance with Art. 110, Sec. 2.

The Confederation is responsible for signage on other roads and properties it owns, for customs posts (Art. 31, Sec. 1), and for those related to military traffic regulations.

Furthermore, the following individuals have the right to place, in accordance with the authority’s guidelines, the signals listed below: a. owners of private parking spaces: the signal "Parking Authorized" (4.17), which may bear the name of the business; b. owners of private roads, paths, or areas: signals indicating a prohibition or restriction on traffic intended to protect their properties (Art. 113, Sec. 3); c. contractors: signals necessary at construction sites (Art. 80 and 81).

Before installing or removing road markings near level crossings and road signals announcing level crossings and railway vehicles using the road, the authority will consult the railway supervision authority and the railway administration.

← Art. 103 OSR Ordinance of September 5, 1979, on Road Signage (OSR) - Contents, Abbreviations, and Definitions Art. 105 OSR →

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Court Decisions Applying This Provision (6)

VPB du-1 (Art. 104 al. 4 et 111 al. 2 OSR)
Bern Military Property Traffic Regulations Amendment
Cited in the preamble as the legal basis for regulating traffic on federal roads.
VWBES.2024.236 · so (Art. 104 Abs. 2 SSV)
Property Owner v. Local Council Regarding Traffic Measures and Access Restriction
Cited in the reasoning (E. 2.1) regarding the general supervisory authority over road signage.
AbR.1990.91.Nr.22 · ow (Art. 104 Abs. 4 lit. b SSV)
Driving prohibition on private roads with ambiguous exception
Cited in relation to Art. 113 SSV for the approval of traffic signage on private property, relevant to the initial setup of the prohibition.
Verwaltung ARGVP 2001 1379 · ar (Art. 104 Abs. 5 lit. b SSV)
Property Owner v. Municipality: Jurisdiction Over Private Traffic Bans
Cited alongside Art. 113 Abs. 3 SSV in the factual context leading to the review of competence, although the final order relies on the customary law derived from the need to apply regulations concerning this section.
GE.1995.0054 · vd (art. 104 al. 2 OSR)
Residents v. Municipality on Parking Meter Installation
Cited in the reasoning to establish the basis upon which the municipality received the authority to issue the decision.
GE.1995.0054 · vd (art. 104 al. 2 OSR et 4 al. 2 LVCR)
Residents v. Municipality on Parking Meter Installation
Cited in the reasoning to establish the basis upon which the municipality received the authority to issue the decision.