Decision on the prohibition of exiting a parking area by using the access road in the opposite direction

Facts

On 12 February 1977, at 10:30 pm, Sch. drove his personal vehicle when exiting the parking lot of the Freihof restaurant in Matzingen, using the parking entrance on which traffic sign No. 202 (no entry) was displayed, prohibiting exit at that location. On 15 February 1977, the District Court of Frauenfeld imposed a fine of 30 francs on Sch. for violating Art. 27(1) RTA and Art. 16(2) TRegO. The Appeals Commission of the Cantonal Court of Thurgau upheld this decision on 10 January 1978.

Sch. filed a nullity appeal, requesting the annulment of the judgment of the Appeals Commission and the referral of the case to the lower instance for acquittal. The Public Prosecutor's Office of the Canton of Thurgau concluded that the appeal should be dismissed.

Considerations

The Federal Tribunal considers that the prohibition of exiting the Freihof restaurant parking lot by using the entrance in the opposite direction constitutes a traffic restriction imposed by local conditions within the meaning of Art. 3(4) RTA, and not a traffic regulation measure within the meaning of Art. 3(2) RTA. Consequently, this restriction…