Facts
On June 13, 1976, Ms. N. parked her vehicle on the premises of company A. in V. The premises in question are a private space used by an indeterminate circle of persons. The municipality of V. imposed a fine on Ms. N. under Article 23 of the municipal police, which prohibits unauthorized access to private property. Ms. N. filed a nullity appeal against this decision, arguing that the space in question was a public space within the meaning of the federal law on road traffic (RTA) and that, therefore, the RTA should apply.
The cantonal court dismissed the appeal, considering that the space in question was not a public space within the meaning of the RTA. The court estimated that the space was reserved for private use and that, therefore, the municipal police was competent to regulate its access.
Considerations
The Federal Court examined the question of whether a private space used by an indeterminate circle of persons could be withdrawn from public traffic and, therefore, from the application of the RTA. The Court considered that the RTA applies to public spaces, which are defined as spaces accessible to an indeterminate circle of persons.
The Court also examined the question of whether the municipal police could regulate access to a private space used by an indeterminate circle of persons. The Court considered that the municipal police could not regulate access to a public space within the meaning of the RTA, as this falls within the competence of the Confederation.
The Court concluded that the space in question was a public space within the meaning of the RTA and…