Dismissal of the appeal against a fine for extended parking

Facts

On May 19, 1967, Robert Meyer left his car parked in a metered parking space in Lausanne, where parking is limited to 1 hour. Although he had paid the parking fee, Meyer exceeded the maximum allowed duration. The Lausanne Police Commission fined him CHF 30 for a violation of Art. 35 RSO. Meyer filed an appeal, which was dismissed by the Criminal Cassation Court of the Vaud Cantonal Tribunal.

Considerations

The Federal Court upheld the cantonal decision. It first recalled that Art. 3 RTA allows cantons to limit parking duration and delegate this authority to municipalities. The signage in place in Lausanne, with signal no. 321 and the supplementary plate indicating the maximum duration, is in accordance with Art. 35 para. 3 RSO.

The Court then ruled that the collection of a parking fee is not contrary to Art. 37 para. 2 Cst., provided that there are other free parking spaces nearby, which was the case here. Art. 35 para. 4 RSO requires the driver to return the vehicle to circulation before the end of the authorized time, which Meyer did not do. This infringement is punished by Art. 90 no. 1 RTA, which applies to rules on stopping…