Facts
On 15 October 1971, the Neuenhof-Zurich section of the highway was opened to traffic. The Neuenhof-Dietikon section only had a provisional coating, which led the construction department of the canton of Aargau, in agreement with the cantonal police, to install speed limit signs at 100 km/h with additional panels indicating a provisional coating. The speed limit was to last about eight months. The construction department agreed with the federal office of roads and waterways, which gave its verbal agreement, but without issuing a formal decision. The speed limit was not published and there was no indication of the appeal procedure.
On 27 February 1972, Göggel drove his vehicle on the Neuenhof-Zurich highway at a speed of 130-140 km/h. He was fined 200 francs for violating articles 27, par. 1 and 32, par. 2 of the federal law on road traffic (RTA). Göggel filed a nullity appeal against the decision of the cantonal court, requesting the annulment of the decision and the referral of the case to the lower court.
Considerations
The Federal Court examined the validity of the speed limit sign. It considered that the speed limit had not been published and that the appeal procedure had not been indicated, which means that the sign was not valid. The court also considered that the driver who does not respect an invalid sign is not punishable, provided that he does not concretely endanger other road users who have relied on the legal situation resulting from the sign in question.
The court also examined the applicable legal provisions, in particular articles 27, 32 and 82 of the RTA, as well as articles 3 and 84 of the ordinance on road traffic. It considered that the cantonal authorities were competent to order the speed limit, but that they had not respected the required formalities for publication and…