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741.21 SSVOSROSSTR CH

Art. 108 Ordinance of September 5, 1979, on Road Signage (OSR) - Exceptions to General Speed Limitations

OSR; Chapitre 15 Réglementations et restrictions du trafic
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Art. 108 OSR · Exceptions to General Speed Limitations

To avoid or mitigate particular road traffic dangers, reduce excessive harm to the environment, or improve traffic flow, the authority or the Federal Roads Office (OFROU) may order exceptions to general speed limitations (Art. 4 a SCR) on certain road sections.

General speed limitations may be lowered when: a. a danger is difficult to perceive or not perceivable in time and cannot be mitigated otherwise; b. certain road users require special protection that cannot be achieved by other means; c. it allows for improved traffic flow on heavily trafficked sections; d. it is possible to reduce excessive environmental harm (noise, pollutants) as defined by environmental protection legislation. In doing so, the principle of proportionality must be respected.

The general speed limit may be increased in well-developed priority roads within localities, if this measure improves traffic flow without harming safety or the environment.

Before establishing an exception to a general speed limitation, an expert report (Art. 32, para. 3, SCR) will be conducted to determine if this measure is necessary (para. 2), appropriate, and respects the principle of proportionality, or if other measures should be preferred. In particular, consideration will be given to whether the measure can be limited to peak hours.

Contrary to paras. 1, 2, and 4, the establishment of 30 km/h zones and meeting zones is governed solely by Art. 3, para. 4, SCR.

The following exceptions to general speed limitations are authorized: a. on highways, speeds lower than 120 km/h, down to 60 km/h, with the gradation set at 10 km/h; within junctions and intersections, further reductions according to the degree of development, with the gradation set at 10 km/h; b. on semi-highways: speeds lower than 100 km/h, down to 60 km/h, with the gradation set at 10 km/h; within junctions and intersections, further reductions according to the degree of development, the gradation being set at 10 km/h; c. on roads outside localities, except for semi-highways and highways: speeds lower than 80 km/h, with the gradation set at 10 km/h; d. on roads within localities: 80/70/60 km/h; for speeds lower than 50 km/h, the gradation is set at 10 km/h; e. within localities, on streets marked with zonal signage, 30 km/h according to Art. 22 a or 20 km/h according to Art. 22 b.

The Department of the Environment, Transport, Energy and Communications (DETEC) regulates the details on how to set exceptions to speed limitations. It establishes the necessary requirements regarding the development, signage, and marking of 30 km/h zones and meeting zones.

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Court Decisions Applying This Provision (213)

100 2020 65 · be (Art. 108 Abs. 1 SSV)
Bern Cantonal Court Upholds 30 km/h Speed Limit Reduction for Traffic Safety
Cited in the reasoning (E. 3.1 and 5.2) as the basis for allowing deviations from general speed limits.
100 2020 65 · be (Art. 108 Abs. 2 Bst. a und b SSV)
Bern Cantonal Court Upholds 30 km/h Speed Limit Reduction for Traffic Safety
Cited in the reasoning (E. 5.2) as the specific legal basis relied upon by the municipality for improving traffic safety and protecting vulnerable road users.
100 2020 65 · be (Art. 108 Abs. 2 Bst. c und d SSV)
Bern Cantonal Court Upholds 30 km/h Speed Limit Reduction for Traffic Safety
Cited in the reasoning (E. 4.4) regarding the requirement for the expert report to address noise reduction and traffic flow improvement.
100 2020 65 · be (Art. 108 Abs. 2 SSV)
Bern Cantonal Court Upholds 30 km/h Speed Limit Reduction for Traffic Safety
Cited in the reasoning (E. 4.2 ff. and 5.2) as the main legal basis determining the justifiable reasons for reducing general speed limits, which are examined in the ultimate decision on the merits.
100 2020 65 · be (Art. 108 Abs. 2 SSV)
Bern Cantonal Court Upholds 30 km/h Speed Limit Reduction for Traffic Safety
Cited in the reasoning (E. 4.4 and 5.2) as the basis detailing the justifiable reasons (dangers, protection of specific users) for speed reductions.
100 2020 65 · be (Art. 108 Abs. 4 SSV)
Bern Cantonal Court Upholds 30 km/h Speed Limit Reduction for Traffic Safety
Cited in the reasoning (E. 4.2 and 4.5) regarding the requirement for expert reports to examine alternatives when setting speed limits.
100 2020 65 · be (Art. 108 Abs. 5 Bst. d SSV)
Bern Cantonal Court Upholds 30 km/h Speed Limit Reduction for Traffic Safety
Cited in the reasoning (E. 4.2) to confirm that 30 km/h is generally permissible as a deviating maximum speed limit.
100 2020 65 · be (Art. 108 Abs. 6 SSV)
Bern Cantonal Court Upholds 30 km/h Speed Limit Reduction for Traffic Safety
Cited in the reasoning (E. 4.2) regarding the federal authority's power to regulate details for deviating speed limits.
VVGE.1991.92.Nr.29 · ow (Art. 108 Abs. 4 SSV)
Rural Road Safety Upgrade: Speed Limit Reduced Despite Rejection of Urban Designation
Cited for the requirement of a report to assess the necessity, expediency, or proportionality of deviating from maximum speed limits.
VVGE.1991.92.Nr.29 · ow (Art. 108 Abs. 5 Bst. c SSV)
Rural Road Safety Upgrade: Speed Limit Reduced Despite Rejection of Urban Designation
Cited for the conditions under which lower maximum speeds than 80 km/h are permissible outside built-up areas.
VVGE.1999.00.Nr.29 · ow (Art. 108 Abs. 4 SSV)
Property Owner Standing and Validity of Older Expert Reports for Speed Limits
This article, along with Art. 32 Abs. 4 SVG, is used to establish the requirement for an expert opinion when deviating from maximum speed limits.
VPB 6274-2008-1961 (Art. 108 al. 1 OSR)
Speed Limit Reduction Due to Road Subsidence on N16
Cited as the legal basis for the implementation and duration of the traffic regulation.
VPB 6274-2008-1961 (Art. 108 al. 2 let. a OSR)
Speed Limit Reduction Due to Road Subsidence on N16
Cited as the legal basis for signalling the traffic regulation according to project documents.
JAAC 65.87 (Art. 108 al. 2 let. d SSV)
Court Upholds Reduced Speed Limits for Pollution Mitigation, Mandates Flexible System
This provision allows for lower speed limits if it can significantly reduce excessive environmental pollution (noise, pollutants).
JAAC 65.87 (Art. 108 al. 4 SSV)
Court Upholds Reduced Speed Limits for Pollution Mitigation, Mandates Flexible System
This provision requires an expert report to assess the necessity, purpose, and proportionality of the measure and to consider if it can be limited to peak traffic hours.