Act on the Road Traffic and Navigation Office (LOCN) - Legal Status (ASSG)

1. The Office for Road Traffic and Navigation (the Office) is a public law institution with its own legal personality.

2. It is subject to the supervision of the State Council, which exercises this authority through the competent directorate (the Directorate).

3. It is autonomous in its organization and management and maintains its own accounts.

4. It is operated in accordance with business management principles.

1. The Office carries out the tasks assigned to it by legislation on road traffic and navigation, in particular the following

a) It enforces the legislation concerning the admission of persons and vehicles to road traffic and navigation.

b) It collects the vehicle tax and the ship tax.

2. The Office may provide services on a contractual basis that are related to its main activities.

1. The office is located in Freiburg.

1. The bodies of the office are

a) the Administrative Council;

b) the Director;

c) the Audit Office.

1. The Board of Directors is composed of the Head of the Directorate, who acts as the chairperson, and six other members, including one representative of the staff, who are appointed by the Council of State for a term in accordance with legislation regarding the duration of public ancillary offices.

2. The Board of Directors appoints its Vice President and its Secretary.

3. The Director of the Office participates in the meetings of the Board of Directors with an advisory vote.

1. The President convenes the Board of Directors as often as the business requires, but at least once each quarter.

2. He also convenes it upon the written request of a member of the Board of Directors or the Director.

3. For a resolution to be valid, the presence of at least five members is required.

1. The Board of Directors is the highest authority of the office. It is accountable to the Council of State for its management.

2. It has, in particular, the following powers

a) It determines the management objectives of the office within the framework of the performance mandate.

b) It establishes the general organization of the office and designates the persons authorized to legally bind the office with their signature.

c) It regulates the general conditions for the employment and remuneration of staff, in accordance with legal provisions and after consulting with personnel.

d) It approves the hiring of staff for senior positions, as carried out by the Director.

e) It adopts the budget.

f) It approves the annual financial statement, adopts the annual report, and submits them to the Council of State for the attention of the Grand Council.

g) It provides opinions on matters for which the Council of State is responsible.

1. The remuneration of the members of the Board of Directors shall be determined by the State Council.

1. The Director is employed by the Council of State at the request of the Board of Directors.

2. He is subject to the supervision of the Board of Directors, to which he regularly reports.

3. Regarding the enforcement of legislation on road traffic and navigation, he is bound by the instructions and guidelines of the Council of State and the Directorate.

1. The Director ensures the smooth operation and development of the office.

2. He ensures the implementation of legislation applicable to the office's area of activity.

3. He holds the operational leadership of the office and performs all actions related to the ongoing management.

4. His powers and responsibilities are detailed in regulations adopted by the Board of Directors and approved by the Council of State.

1. The office's accounts shall be audited by an external auditing body appointed by the State Council.

2. The auditing body shall present a report at the end of each fiscal year, which shall be attached to the annual accounts.

1. The employees of the office hold a position under public law.

2. They are generally employed for an indefinite period.

1. The working hours are the same as for state employees.

2. The working time regulations are determined by the office.

1. The functions of the office's staff are classified according to the regulations applicable to state personnel.

2. Salaries are determined within the salary scale of state personnel according to the office's own regulations.

3. These regulations provide for the consideration of the individual performance of the staff. Additionally, they may deviate by up to 10% from the amounts specified in the salary scale of state personnel when setting initial salaries.

4. The office's regulations are decided by the Board of Directors.

1. The employees of the office shall receive the same allowances as state personnel.

1. Within the framework it has established, the State Council may authorize the office to introduce employee participation in the improvements of business results achieved by the office.

1. The Office is affiliated as an external institution of the Pension Fund for State Personnel.

2. The employees are insured under this pension fund according to the conditions of the relevant law.

1. Decisions made by the office in relation to an employee can be appealed to the Cantonal Court in accordance with the Administrative Procedure Act.

2. However, decisions regarding salary can first be contested through an objection to the authority that made the decision.

1. The Personnel Commission is tasked with representing the staff of the office before the management. It participates in the informational and consultative processes concerning the personnel.

2. The members of the Personnel Commission are elected by the entire staff of the office.

3. The Personnel Commission drafts its own regulations; these regulations must be approved by the Board of Directors.

1. Furthermore, the rights and obligations of the office's employees are governed by the legislation concerning state personnel.

2. However, the office may establish specific provisions for operational reasons that deviate from the regulations for state personnel. The office's personnel will be consulted in advance.

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1. The performance mandate defines the performance and outcome requirements to be fulfilled by the office within a period of five years.

2. It is decided by the Council of State after consultation with the office.

3. It may be amended upon request by the Council of State or the office within the period if extraordinary circumstances justify it.

1. The Office reports to the State Council for the benefit of the Grand Council on the execution of the service mandate, specifically

a) annually in a business report;

b) at the end of the mandate in a report concerning the corresponding period.

2. An organ designated by the State Council controls the execution of the mandate.

1. The obligations of the office are guaranteed by the state.

2. The office pays an annual contribution to the state, the amount of which is determined in the service contract.

3. The services provided by the office to the state, particularly the collection of vehicle and ship taxes, as well as the services provided by the state to the office, are charged at cost price.

1. The fees charged by the office must cover all costs of the office's mandatory services, including costs for activities in the area of accident prevention.

2. The relevant tariff is set by the State Council upon the office's recommendation.

3. The prices for services provided by the office on a contractual basis are determined by market conditions. They are set by the office.

1. The surplus of income or expenses from the mandatory services of the office is carried forward to a new account.

2. The surplus income generated from services provided by the office on a contractual basis shall be delivered half to the state and the other half shall be retained by the office.

1. The Office, as an employer, assumes the employment relationships of state employees who are performing a function at the Office at the time this law comes into effect.

2. The salary that these employees received from the state is guaranteed to them.

3. For employees with civil servant status, the provisions of the law regarding the employment relationship of state personnel shall continue to apply until the end of the current term of office, insofar as they concern the termination of the employment relationship of employees who have been appointed as civil servants.

1. The office acquires from the state, upon the entry into force of this law, the building, facilities, and furniture that serve the fulfillment of its tasks.

2. The state establishes a building right in favor of the office on the property.

1. The Act of 12 November 1981 for the Implementation of Federal Legislation on Road Traffic (SGF 781.1) is amended as follows

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1. The State Council is entrusted with the execution of this law. It determines the date of its entry into force.