741.21 SSVOSROSSTR

CH

Art. 107 Ordinance of September 5, 1979, on Road Signage (OSR) - Principles

OSR; Chapitre 15 Réglementations et restrictions du trafic

Open official source Full Act (136 Articles) Machine-readable Markdown (.md)

Art. 107 OSR · Principles

It is the responsibility of the authority or the Federal Roads Office (OFROU) to determine and publish, indicating the legal recourses, the following local traffic regulations (Art. 3, Para. 3 and 4, LCR): a. regulations indicated by mandatory or priority signals or by other signals having mandatory character; b. parking spaces indicated exclusively by a marking.

The signals and markings referred to in Para. 1 can only be installed once the decision is enforceable.

When road safety requires, the authority or OFROU may install signals indicating local traffic regulations as per Para. 1 before the decision is published; however, they can only do so for a maximum of 60 days.

Experimental local traffic regulations shall not be ordered for a period exceeding one year.

No formal decision or publication is necessary for: a. the installation of markings, except for the parking space markings referred to in Para. 1, let. b; b. the installation of the following signals: 1. traffic lights, 2. signals not mentioned in Para. 1, 3. "No entry for vehicles carrying hazardous goods" (2.10.1), 4. "No entry for vehicles whose load may pollute waters" (2.11), 5. "Maximum width" (2.18) on the main roads listed in Annex 2, let. C, of the Ordinance of December 18, 1991, concerning major transit routes, 6. "Maximum height" (2.19), 7. "Maximum speed" (2.30), prescribing the general speed limit on expressways, 8. "Maximum speed 50, General limit" (2.30.1), 9. "Stop near customs post" (2.51), 10. "Police" (2.52), 11. "Main road" (3.03), 12. "Highway" (4.01), 13. "Expressway" (4.03); c. regulations related to construction sites lasting no more than 6 months.

When they must be applied for more than eight days, temporary measures taken by the police (Art. 3, Para. 6, LCR) must be the subject of a decision and publication by the authority or OFROU, according to the ordinary procedure.

If it is necessary to order a local traffic regulation, the measure chosen will be the one that achieves its objective with the least restriction of traffic possible. When the circumstances that determined a local traffic regulation change, this regulation will be reviewed and, if necessary, repealed by the authority.

When the construction or repair of a road requires a local traffic regulation, the construction of islands, etc., the opinion of the authority and the cantonal traffic police will be sought when establishing plans.

If a stop reserved for public vehicles in line traffic is planned, the cantonal traffic police must be consulted before the approval of the plans.

← Art. 106 OSR Ordinance of September 5, 1979, on Road Signage (OSR) - Contents, Abbreviations, and Definitions Art. 108 OSR →

Court Decisions Applying This Provision (143)

100 2020 65 · be (Art. 107 Abs. 1 SSV)

Bern Cantonal Court Upholds 30 km/h Speed Limit Reduction for Traffic Safety

Cited in the reasoning (E. 2.1) to confirm why the requirement for a formal appeal (participating before the lower instance) is waived for traffic regulations like the one challenged.

100 2020 65 · be (Art. 107 Abs. 5 SSV)

Bern Cantonal Court Upholds 30 km/h Speed Limit Reduction for Traffic Safety

Cited in the reasoning (E. 5.5.1) in relation to the suitability and necessity of the measure within the proportionality test.

VVGE.1997.98.Nr.22 · ow (Art. 107 Abs. 1 SSV)

Parking Fee Legality and Legal Basis Determination

Cited in conjunction with Art. 3 Abs. 4 SVG to explain that a parking fee is not a traffic restriction that can be challenged according to this article.

VVGE.2003.04.Nr.22 · ow (Art. 107 Abs. 5 SSV)

Pedestrian Crossing Effectiveness and Desire Lines

Cited as a principle that traffic orders must be measured against proportionality and necessity.

VPB 6274-2008-1961 (Art. 107 al. 1 OSR)

Speed Limit Reduction Due to Road Subsidence on N16

Cited as the legal basis for the speed limit within the construction zone.

VWBES.2005.300 · so (Art. 107 Abs. 1 SSV)

Municipality Driving Ban on Forest Road Requires Proportionality Assessment Including Traffic Diversion Impact

Cited in relation to the publication requirements for local traffic regulations versus preliminary signage.

VWBES.2005.300 · so (Art. 107 Abs. 5 SSV)

Municipality Driving Ban on Forest Road Requires Proportionality Assessment Including Traffic Diversion Impact

Cited to support the principle that if local traffic measures are necessary, the least restrictive option should be chosen.

VWBES.2003.319 · so (Art. 107 Abs. 5 SSV)

Companies v. Cantonal Road Traffic Regulation Due to Railway Repairs

Cited as the general principle requiring the least restrictive measure for local traffic regulations, which the implemented measure satisfied.

JAAC 60.19 (art. 107 cpv. 2 e 2bis OSStr)

Federal Law Prohibits Four-Way Stop Signs

Cited as the legal basis for the inadmissibility of the traffic signal because local traffic regulations, even experimental ones lasting less than 60 days, must be decided and published.

ZZ.1995.32 · so (Art. 107 Abs. 5 SSV)

Municipal Council Driving Ban Justified by Traffic Regulation

Cited in the reasoning to explain the principle of proportionality that must be observed when implementing traffic measures based on Art. 3 Abs. 4 SVG.

ZZ.1993.24 · so (Art. 107 Abs. 5 SSV)

Municipal Land-Use Plan vs. Road Traffic Law Governing Street Structure Modifications

The court determined that the administrative court must review whether the principle of proportionality, as enshrined in this article, was adhered to regarding the challenged traffic measures.

A-4476/2022 (Art. 107 al. 5 OSR)

Municipality v. Noise Abatement Project Approval

Cited as a basis for choosing the least restrictive measure.

GE.2025.0098 · vd (art. 107 al. 5 OSR)

Residents v. Municipality Regarding Removal of Public Parking for Bicycle Lanes

The court upheld the decision, implicitly confirming that the measure respected the principle of proportionality as codified in this article.

VWBES.2024.236 · so (Art. 107 Abs. 3 lit. a SSV)

Property Owner v. Local Council Regarding Traffic Measures and Access Restriction

Cited in the reasoning (E. 7.1) concerning the non-publication requirement for the interim parking prohibition line, which influences the final decision regarding the measure.

VWBES.2024.236 · so (Art. 107 Abs. 4 SSV)

Property Owner v. Local Council Regarding Traffic Measures and Access Restriction

Cited in the reasoning (E. 2.1) concerning the police's authority to order necessary signs, relevant to traffic measures.