When parking meters break down
Last March, I parked for a few minutes in a public car park to run an urgent errand. As I'm used to paying for my parking via the mobile application, I tried to register my arrival, but a malfunction prevented me from doing so. When I quickly returned to my vehicle, a fine had already been issued. However, with photos and timetables to prove it, I can show that I parked for much less than the authorised free parking time...
L. Eysins
Failure to activate the parking control system may in itself be enough to justify a fine, even if the authorised time has not been exceeded.
The obligation to activate the parking meter or equivalent electronic system derives from art. 48b OSR. Failure to activate the parking meter will be penalised. The same provision imposes an obligation to leave a time-limited parking space as soon as the authorised time has expired. Failure to comply with these rules will result in fines ranging from CHF 40 to CHF 100.
In a ruling of principle, the Federal Court recalled that these requirements pursue distinct objectives. The obligation to activate the control system allows officers to immediately check the time of arrival of the vehicle and therefore to verify compliance with the authorised time limit on the spot.
Our High Court thus emphasises that the offence of which you are accused is committed from the moment a vehicle is parked without the system being activated, even if the motorist can subsequently demonstrate that he has stayed for less than the free authorised time. The system is based precisely on an immediate check and not on a later reconstruction of the facts by means of photographs, tickets or detailed explanations.
In your case, the fact that you can demonstrate after the event that you stayed for less than the free period is not in principle sufficient to eliminate the offence. According to the logic adopted by the Federal Court, it must be possible to carry out an on-site check. On the other hand, if you can establish that a general malfunction of the application actually existed at the time of the events, for example thanks to confirmation from its supplier or the municipality, this element could be taken into consideration by the authority called upon to rule.
Your usual respect for the rules could also work in your favour. Sometimes parking officers are open to dialogue to avoid tedious procedures, but unfortunately this is not always the case depending on the circumstances.
