Facts
The First Public Prosecutor of the State and Juvenile Prosecutor's Office of the Canton of Glarus lodges an appeal against a judgment of the High Court of the Canton of Glarus, which acquitted the appellant of the charge of a simple violation of traffic regulations. The appellant was accused of driving at 75 km/h (after deducting the tolerance of 5 km/h) on the Kerenzerbergstrasse, although a speed limit of 50 km/h was in place due to a construction site.Considerations
The Federal Court sets aside the judgment of the High Court and remands the case for a new assessment to the lower instance. It concludes that the signage of the 50 km/h speed limit was lawful and had to be observed by the appellant.
The Federal Court states that the signage was easily and timely recognizable. Even if the signage plan provided for a different location of the sign, this does not change the legality of the order. Furthermore, the speed limit was also lawful over the Easter weekend, when the construction site was not in operation. Art. 81 para. 4 RSO, which requires the removal or covering of signs during longer work…