Local residents trained

A «residents only» no-entry sign has just been put up on a path leading to the park where I usually go for a run every day. I usually drive there and park in a space reserved for park visitors before putting on my trainers. As I don’t live in the neighbourhood, I’m wondering if I’m now at risk of being fined for using this path.

Gilles, Geneva

Article 27 of the Road Traffic Act (LCR) requires everyone to comply with traffic signs, road markings and police orders. The «general ban on traffic in both directions» sign is provided for in Article 18 of the Road Signage Ordinance (OSR) and effectively allows local authorities to prohibit traffic on certain sections of roads or paths, even if it is suddenly placed on your favourite route.

However, Article 17 of the OSR provides for a significant exception to this general prohibition: where it is accompanied by the words «authorised residents» or «exempt residents», such residents and their visitors are still permitted to drive, deliver or collect goods from their homes or neighbouring properties, or to allow access to people carrying out work on their premises, as well as third parties transporting them.

This rule is primarily intended to prevent through traffic. It should not necessarily be interpreted as a barrier reserved solely for residents of a neighbourhood. The authorities and the courts recognise that account should be taken of the properties actually served by the road. In other words, the question is not just whether you live there, but also whether you have a legitimate destination within the protected area.

In the situation you describe, the path leads to the park and the car park, which is apparently intended for visitors to the park. These factors work in your favour: you do not appear to be using the road as a shortcut to cross the neighbourhood, but to reach a public facility located at the end of this path. You can therefore argue that your journey falls within the permitted use as indicated by the supplementary sign. However, you should exercise caution, as the interpretation may depend on the exact signage and the intention of the authority that installed it.

In the event of a check, if you can use your equipment to prove that you are on your way to the park and that you are using a space designated for its visitors, your jog shouldn’t start with a fine. If, on the other hand, you are using this route to save time or to park elsewhere in the neighbourhood, Article 90 of the Road Traffic Act and the Ordinance on Administrative Fines may soon show you that running is cheaper than driving…

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