Speed limits or chicanes?
My local authority recently introduced a 30 km/h zone. In order to force drivers to slow down, it has put up bollards, widened the pavements and then erected raised speed bumps that make it impossible for two vehicles to pass each other. It's very disturbing, it damages the cars and I wonder if there's a limit to the right to install such obstacles on the public highway!
F, Chêne-Bougeries
The development of zones limited to 30 km/h has become commonplace in Switzerland to improve the safety of pedestrians, cyclists and other vulnerable road users. The local authorities, which have jurisdiction in this area, install such devices to reduce the risk of accidents and make life more pleasant. However, when they decide to install physical obstacles - such as bollards, concrete blocks or speed bumps - to restrict the width of the road and impose a slow-down, they must comply with certain legal and regulatory obligations.
Article 4 of the Federal Road Traffic Act (LCR) prohibits the creation of obstacles to traffic without compelling reasons. When a municipality wishes to install speed bumps or other obstacles, it must be able to justify their necessity for reasons of public safety. The law also stipulates that these obstacles must be properly signposted and removed as soon as they are no longer justified.
In other words, an obstacle must not create an obstacle to traffic without good reason, and its presence must meet a demonstrated need for safety or speed moderation.
In accordance with the principle of proportionality enshrined in Swiss law, traffic calming measures must be balanced and adapted to the objectives pursued. In other words, they must not impose excessive constraints on road users. Improvements to public roads must not only aim to ensure the safety and well-being of residents, but must also respect motorists' right to free-flowing, safe traffic. They must therefore be adequately signposted.
Local authorities must justify each measure and prove that it is necessary to achieve the objectives of safety and speed reduction. The installation of bollards or excessively high speed bumps must therefore be based on a serious, documented risk analysis. If the measures taken appear disproportionate or cause undue inconvenience to road users, it is possible to challenge these arrangements with the competent authorities, or even in court.
Therefore, although your local authority has a certain amount of freedom to install obstacles on the roads to force motorists to slow down, this freedom is not absolute. If the devices excessively restrict the passage of vehicles or cause major interruptions to traffic, you may consider that they exceed the objective of safety and speed moderation, and take steps to request that they be adapted if the measures prove to be abusive or disproportionate.
