Introductory Act to the Federal Act on Road Traffic (Cantonal Road Traffic Act, EG SVG) - Purpose (EG)

1. This law regulates the enforcement of federal legislation on road traffic and supplements it.

1. The use of motor vehicles as defined by the Road Traffic Act is generally prohibited outside of public roads.

2. Exceptions are motor vehicles used for

a. Army and civil protection;

b. Agriculture and forestry including horticulture;

c. Civil engineering and construction including road maintenance;

d. Construction and maintenance of facilities;

e. Internal transport within enterprises;

f. Driving within private properties;

g. Training of motor vehicle drivers.

3. The canton may grant exemptions in additional justified cases.

1. The Government Council

a. may establish a Traffic Commission;

b. may enter into agreements with third parties regarding the recycling or disposal of decommissioned vehicles.

1. The Department of Security and Social Affairs enforces legislation concerning road traffic, provided that no other enforcement authority or office is designated by cantonal law, or third parties have been assigned for this purpose.

2. It

a. issues driving bans, traffic restrictions, and orders for traffic regulation, orders the installation and removal of other signals and markings, and supervises road signage;

b. approves motor and cycling events on public roads after consultation with the affected municipality and may grant exceptions to traffic regulations;

c. approves trial runs after consultation with the affected municipality and orders the necessary safety measures;

d. approves festivals and events that utilize public roads and squares after consultation with the affected municipality, and issues guidelines for the signage of festival and event advertisements;

e. approves the deployment of private individuals for traffic regulation and issues instructions regarding their training, further education, and authority.

1. The Department of Construction and Spatial Development

a. acquires, installs, and removes markings and signals within the area of the canton’s roads in consultation with the Department of Security and Social Affairs;

b. approves the use of the canton’s roads for construction measures after consultation with the Cantonal Police[13];

c. determines the maximum permissible dimensions and weights for exceptional vehicles and exceptional transports on thoroughfares[14].

1. The Traffic Safety Center of Obwalden and Nidwalden (TSC) is the road traffic authority. The TSC

a. executes the tasks assigned to the cantons concerning traffic licensing, with the exception of police duties. It particularly decides on the admission of individuals and vehicles to road traffic, the issuance and revocation of driving instructor licenses, as well as enforcement according to Art. 11 ff. of this law;

b. organizes the training and examination of vehicle drivers who conduct transports with dangerous goods, and performs the prescribed inspections of the vehicles;

c. executes the tasks assigned to the canton in the field of heavy vehicle fees, excluding criminal prosecution;

d. executes the tasks assigned to the canton in the field of national road tax, excluding inspections and criminal prosecution;

e. may authorize third parties to carry out vehicle inspections through agreement or empowerment;

f. executes the tasks assigned to the canton in the field of traffic insurance, excluding applications to the Federal Council;

g. approves the use of motor vehicles outside public roads according to Art. 2 para. 3 of this law;

h. may publish the list of names of vehicle owners or release the data for publication;

i. conducts technical vehicle expertises on behalf of the prosecution authorities.

1. The Cantonal Police

a. monitors stationary and moving road traffic, particularly heavy traffic;

b. enforces and monitors the regulations regarding the working and rest times of professional motor vehicle drivers;

c. enforces and monitors the regulations concerning the transportation of dangerous goods on the road, excluding the training and examination of vehicle drivers and vehicle inspections;

d. enforces all regulations for which federal law designates the police authorities (police, traffic police, etc.) as responsible;

e. levies fines according to the Fines Act;

f. promotes safe driving through awareness campaigns and other preventive activities;

g. ensures up-to-date traffic information in collaboration with third parties;

h. reports road traffic accidents to the federal government for inclusion in the accident statistics;

i. approves the installation and modification of roadside advertisements;

k. removes improperly parked vehicles that obstruct or endanger traffic, at the expense and risk of the vehicle owner, if the owner is unreachable or refuses to move the vehicle themselves;

l. impounds vehicles and trailers that require police inspection and submits them to vehicle searches;

m. subjects vehicles that do not comply with traffic regulations to a police reinspection or an inspection by the Vehicle Inspection Center (VSZ).

1. The Municipalities

a. procure, install, and remove markings and signals in the area of municipal roads and public roads owned by private individuals or entities in consultation with the Department of Safety and Social Affairs; they may delegate this task to the road owners.

b. provide opinions on applications for permits for motor and cycling sporting events, test drives, as well as festivals and events where public roads and squares are used;

c. are consulted before the issuance of driving bans, traffic restrictions, and regulations, and approve the use of municipal roads for construction measures after consulting with the Cantonal Police[31];

d. approve the signage for festivals and event advertisements.

1. The Road Traffic Commission reviews issues related to road signage and markings and advises on measures to improve traffic safety.

1. License plates are issued for the validity of the vehicle registration certificates upon payment of a one-time fee. They remain the property of the VSZ.

2. The issuance of license plates with special number combinations is also permitted through an auction or upon payment of an additional fee.

3. Damaged, no longer easily readable, and lost license plates must be replaced at the expense of the vehicle owner.

1. The seizure of vehicles, vehicle parts, trailers, or equipment for reasons of traffic safety shall be executed through a written order.

2. The owner may be requested to collect the item within 30 days, to bring it into a lawful condition, or to render it unusable and dispose of it.

1. If the costs are not paid within a reasonable period or if the demand for collection is not complied with, or if the holder cannot be identified, the items may be auctioned off publicly. If the auction is unsuccessful, if it is initially deemed hopeless, or if the costs of the auction will likely exceed the expected proceeds, the items may be sold privately.

2. Items that cannot be disposed of may be destroyed.

3. The proceeds remaining after covering the costs will be held in trust for the entitled parties. After a period of five years, the proceeds will be transferred to the canton.

1. The costs of securing, storing, and destruction shall be borne by the owner.

2. The release of the item may be conditioned upon the payment of the costs.

1. Local traffic orders, which are indicated by regulatory or priority signals or by other signals with a regulatory character, must be enacted after consultation with the affected municipal council and the owner or owners of the road, and must be published in the official gazette with instructions on legal remedies.

2. All other signals and markings can be installed or removed without publication in the official gazette.

3. Furthermore, the provisions of federal law apply.

1. The Costs of Signage Shall Be Borne

a. for the roads of the canton by the canton;

b. for the municipal roads by the municipalities;

c. for other roads by the road ownership.

1. Whoever organizes or conducts events and gatherings must ensure sufficient parking space.

1. Violations of the provisions of this Act or the regulations enacted pursuant to it shall be punished with a fine.

1. The Government Council shall enact any further provisions necessary for the implementation of this law.

1. The following are repealed

a. ...[35]

b. the Ordinance on the Storage and Disposal of Disused Vehicles of January 12, 1973[36];

c. the Implementation Provisions on the Environmental Protection Fee for the Storage and Disposal of Disused Vehicles of May 18, 1998[37];

d. the Government Council's Decision on the Use of Tracked Vehicles of October 23, 1973[38];

e. the Implementation Provisions on the Liability Insurance for Bicycles and Similar Vehicles of November 18, 1975[39].

1. The Government Council determines when this law comes into force. It is subject to an optional referendum.