Decision on the prohibition of parking in the Schanzenpost parking lot in Bern

Facts

On 12 February 1980, T. parked his vehicle for 14 minutes in the parking lot reserved for post office customers at the Schanzenpost in Bern. The Post Office imposed a fine of 20 francs on him for violating Art. 63 para. 2 of the Postal Services Act (PostSA). T. contested this fine and was ultimately acquitted by the court of first instance.

The Federal PTT Administration appealed this decision, arguing that Art. 63 para. 2 PostSA provided a legal basis for regulating traffic and parking on PTT property open to the public.

Considerations

The Federal Tribunal considered that Art. 63 para. 2 PostSA did not provide a legal basis for regulating public traffic and vehicle parking on PTT property open to the public, either through verbal instructions from post office staff or official signs. However, the PTT can regulate public traffic on their property in accordance with Art. 2 para. 5 of the RTA and Art. 104 para. 4 of the RTAO, using the markings and signals provided for in the RTAO.

However, the violation of these markings and signals cannot be punished under…