Facts
The case concerns the reservation of parking spaces in the vicinity of the exhibition halls during the Basel Trade Fair. A portion of the available parking spaces in the surrounding area are reserved and charged to exhibitors. Erich Bienz parked his vehicle in one of these reserved spaces and was convicted for an infringement. He filed a nullity appeal against this decision.
The Federal Supreme Court had to examine whether the legal requirements for such a reservation of parking spaces were met according to Art. 3(4) RTA. It concluded that the justification provided by the previous instances was not valid. The reservation of parking spaces on public roads for exhibitors alone does not serve the safety and fluidity of traffic, but only the comfort of the exhibitors. Such a measure is therefore not admissible under Art. 3(4) RTA.
Considerations
According to the consistent case law of the Federal Supreme Court, the rules of road traffic apply not only to moving traffic, but also to parking. When the canton prohibits or restricts parking on public roads, the conditions of Art. 3(4) RTA must be met.
The Federal Supreme Court examined in detail the arguments put forward by the previous instances to justify the reservation of…