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7.6-2 CH-GL

Purpose

15 Articles / Provisions · Switzerland · Canton of Glarus
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Table of Provisions (15)

Statutory Text (15 Articles)

Purpose and Legal Basis

1. The Municipality of Glarus Nord hereby defines, through these regulations, the circle of authorized drivers and the handling of the issuance of barrier keys in connection with the use of forest roads. The purpose of these regulations is to ensure a consistent and clear handling of driving authorizations for the specified roads using motor vehicles. Furthermore, responsibilities are regulated. These regulations apply to all forest roads regardless of ownership.

Purpose and Legal Basis

1. Rural and forest roads include all roadways that serve only specific properties and not public traffic (Art. 12 para. 1 cantonal Road Act).

2. Forest roads may be used with motor vehicles only for forestry purposes, in accordance with the provisions of the Federal Act on Forests (WaG) Art. 15 and the Cantonal Forest Act (kWaG) Art. 11 para. 1.

3. Forest roads under forest legislation are those roads designated in the cantonal forest road register (kWaG Art. 11 para. 2).

Strassenverzeichnis, Type of Traffic Restriction

1. Traffic restrictions apply to all forest roads listed in the forest road directory within the municipal area of Glarus Nord. The forest road directory is an integral part of these regulations and will be updated as needed.

Strassenverzeichnis, Type of Traffic Restriction

1. Forest roads are subject to a driving ban for motor vehicles, motorcycles, and mopeds (sign 2.14), along with an additional sign bearing the text "Forest road, authorized vehicles excepted." Furthermore, some roads are equipped with structural measures (barriers) that prevent unauthorized persons from driving on them.

Driving Authorizations for Motor Vehicles

1. Exempted from driving bans and traffic restrictions and not requiring a permit are

a) Journeys in the service of the Confederation (Art. 3 para. 3 Road Traffic Act (SVG));

b) Journeys for rescue and recovery purposes (Art. 13 para. 1 lit. a Forest Ordinance (WaV));

c) Journeys for police controls (Art. 13 para. 1 lit. b WaV);

d) Journeys for military exercises (Art. 13 para. 1 lit. c WaV);

e) Journeys for the implementation of measures for the protection against natural events (Art. 13 para. 1 lit. d WaV);

f) Journeys for the maintenance of network infrastructure of telecommunications service providers (Art. 13 para. 1 lit. e WaV);

g) Journeys for agricultural and alpine farming management (Art. 11 para. 3 lit. a kWaG);

h) Journeys for the fulfilment of public duties (Art. 11 para. 3 lit. b kWaG);

i) Journeys for hunting in accordance with cantonal hunting regulations (Art. 11 para. 3 lit. c kWaG);

j) Access to legally constructed residential buildings (Art. 11 para. 3 lit. d kWaG);

k) Access for the organisation of location-bound public events or events in the public interest (Art. 11 para. 3 lit. e kWaG).

Driving Authorizations for Motor Vehicles

1. According to Art. 11 para. 3 lit. f of the kWaG, municipalities may, in individual cases, permit additional exceptions which are locally and temporarily limited and for which a substantiated purpose is demonstrated, for

a) vehicles of persons with impaired mobility;

b) collective passenger transport (bus trips for special events, temporarily restricted taxi operations).

2. For the exception permit, the applicant must submit a written application to the Department of Forests and Agriculture, providing detailed information about the purpose of their journey. The Department of Forests and Agriculture must assess in each individual case whether the applicant's reasons or forest conservation, respectively other public interests, are to be given greater weight. Only if the applicant's reasons are given greater weight will the Department of Forests and Agriculture issue the temporarily limited written permit for the designated road.

Driving Authorizations for Motor Vehicles

1. The driving authorization is generally valid for those who are allowed to use the road without a permit (see Art. 5) until their legitimacy expires.

2. The driving authorization for lawfully constructed residential buildings is granted only to owners and tenants with a valid rental agreement. Sublease agreements are not recognized and therefore do not entitle the holder to use the road.

3. The driving authorization only extends to the direct connection to the building.

Driving Authorizations for Motor Vehicles

1. The Forestry and Agriculture Department may prohibit or restrict the use of roads during periods of adverse road conditions or due to forestry management or road maintenance works.

2. Restrictions shall, where possible, be communicated to authorized drivers or publicly announced. In urgent and unforeseen cases (e.g., natural events), roads may be closed at short notice and without prior warning. Road closures must be strictly observed.

3. During the winter months, there is generally no maintenance service. Snow-covered roads may not be opened or used without the consent of the Forestry and Agriculture Department.

Driving Authorizations for Motor Vehicles

1. Parked vehicles must not obstruct the passing of cars and trucks at passing places, nor their turning at turning points. Wild parking on alpine pastures is prohibited. The respective landowners or alpine tenants are exclusively responsible for issuing permits and for the stopping and parking of vehicles alongside the road.

**2. For the construction of any enclosures for parking areas, the express consent of the relevant landowner and manager must be obtained. The construction, maintenance, and demolition of such enclosures are then the responsibility of the authorized party.**

Verwaltung, Issue of Driving Permits and Barrier Keys

1. No certificate (driving permit) is required for the driving authorization pursuant to Art. 5. However, every vehicle driver must at all times be able to demonstrate that the road usage exercised by them is for a specific purpose.

2. For the driving authorization pursuant to Art. 6, the authorized person receives a written driving permit from the Forestry and Agriculture Department.

3. For those authorized to drive in the sense of access to lawfully constructed residential buildings, the Forestry and Agriculture Department maintains a register of property owners and tenants for control purposes.

Verwaltung, Issue of Driving Permits and Barrier Keys

1. The Forest and Agriculture Department is responsible for the issuance and return of barrier keys.

a) Anyone who can demonstrate a legitimate driving authorization will receive a key to pass the barrier. Keys are issued upon payment of a deposit and signature of a receipt.

b) The secretariat of the Forest and Agriculture Department is responsible for maintaining the key register for the forest road barriers in Glarus Nord. The key register must be updated continuously.

c) The sole possession of a key does not entitle one to drive on a forest road. Anyone in possession of a key is responsible for its lawful use and must report its loss immediately, bearing the replacement costs. Upon expiry of the driving authorization, the barrier key must be returned unprompted to the issuing office within 10 days.

d) Barrier keys are personal and may not be passed on to other persons without the consent of the Forest and Agriculture Department.

e) Barriers must be closed again after each passage.

Enforcement and Fees

1. The Forest and Agriculture Department Glarus Nord is responsible for the enforcement of these regulations. The Municipal Council is the appeals body.

Enforcement and Fees

1. For the granting of exceptional permits according to Art. 6, the Municipal Council of Glarus Nord may levy fees.

2. Barrier keys shall be issued against a deposit fee, which shall be reimbursed upon return of the key.

3. The fees shall be determined according to the tariffs appended to this regulation. The Municipal Council shall issue the fee tariffs.

Liability and Penal Provisions

1. In the event of damage and accidents, the road owner is liable only within the scope of owner's liability for works (Art. 58 CO).

2. The authorized driver accepts that the responsibility and liability for driving on the road rests entirely with the vehicle driver. The vehicle driver is aware of the increased danger.

3. The municipality of Glarus Nord as landowner fundamentally rejects any liability for damage to vehicles. This applies in particular to parked vehicles as well.

Liability and Penal Provisions

1. Unauthorized driving on forest roads will be reported by the competent police and control authorities, in application of the provisions of the Road Traffic Act (SVG) and the Forest Act (WaG).

2. Misuse of barrier keys and driving permits will result in the withdrawal of driving authorization.

3. The place of jurisdiction is Glarus.

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