Obligation to Wear Seatbelt

Facts

On March 9, 1976, Jean-Pierre Favre drove a vehicle without having fastened his seatbelt. The Department of Justice and Police of the Canton of Valais convicted him on May 24, 1976 to a fine of 20 francs, in accordance with Art. 90 para. 1 RTA, for an infringement of Art. 3a para. 1 TRegO. On September 1, 1976, the State Council of the Canton of Valais dismissed the appeal filed by Favre against this decision. Favre then filed a nullity appeal with the Federal Tribunal, concluding for his acquittal.

Considerations

The Federal Tribunal considered that Art. 3a para. 1 TRegO, which imposes the obligation to wear a seatbelt, does not constitute an implementing provision but a primary rule enacted within the framework of a so-called substitution ordinance. Such an ordinance must be based on a special delegation from the legislator, which cannot be found either in Art. 57 para. 1 RTA or in Art. 106 para. 1 RTA.

Indeed, Art. 57 para. 1 RTA only confers on the Federal Council the power to enact supplementary traffic rules, and not rules primarily aimed at ensuring the protection of the individual against himself, as is the case with the obligation to wear…