Advanced Search

RS 0.741.531.951.4 Agreement of 18 June 2015 on road traffic between the Swiss Confederation and the Principality of Liechtenstein (with Prot.)

Original Language Title: RS 0.741.531.951.4 Accord du 18 juin 2015 sur la circulation routière entre la Confédération suisse et la Principauté de Liechtenstein (avec Prot.)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.741.531.951.4

Translation 1

Agreement on Road Traffic between the Swiss Confederation and the Principality of Liechtenstein

Concluded June 18, 2015

Entered into force by exchange of notes on 1 Er August 2015

(State 1 Er August 2015)

The Swiss Federal Council and the Government of the Principality of Liechtenstein

Hereinafter referred to as "the Contracting Parties",

In order to facilitate cross-border traffic between the two States,

Agreed to the following:

Section 1 Drivers

Art. 1 Jurisdiction

(1) The authority of the State of domicile shall have jurisdiction for the admission of persons to road traffic.

(2) If the persons are not resident in the territory of a Contracting Party, the competence shall be the same as that of the principal residence.

Art. 2 Recognition of driving licences

(1) Persons domiciled in a Contracting Party may drive a motor vehicle in the territory of the other Contracting Party if they are in possession of a valid driver's licence and have reached the age of Minimum required by the Contracting Party visited. This permit gives the holder the right to drive all categories of motor vehicles for which he is established. Art. 42, para. 3 Bis , of the Swiss ordinance of 27 October 1976 regulating admission to road traffic (OAC-CH) 1 And 39, para. 3 A , let. B, of the liechtensteinese order of 1 Er August 1978 regulating admission to road traffic (OAC-FL) 2 Are not applicable.

(2) Driving licences obtained by evading Swiss or Liechtenstein admission provisions, or the corresponding European Union directives on driving licences, shall not be used.


1 RS 741.51
2 LR 741.51

Art. 3 Recognition of driver's licences

(1) The driver's licence of a Contracting Party entitles its holder to conduct learning courses in the territory of the other Contracting Party, provided that the holder is accompanied by a person entitled to do so, In accordance with the requirements of the State of domicile.

(2) The minimum ages shall be based on the requirements of the Contracting Party visited.

Art. 4 Change of residence

(1) Holders of a driver's licence of a Contracting Party who elect domicile in the territory of the other Contracting Party shall be required to notify the new competent authority within fourteen days and to request at the same time Licence to drive their new home state. Competence is the responsibility of the new authority at the institution.

(2) The new competent authority shall issue the driving licence without examination. This is also the case if the person

(a)
Presents the driving licence of a third country recognised, on the merits, as a driving licence of a Contracting Party;
(b)
Is the holder of a driving licence of limited duration.

(3) The new competent authority shall communicate the change of domicile to the previous one.

(4) A definitive Swiss driver's licence shall be issued to holders of valid Liechtenstein driving licences. This applies only to driving licences of categories A or B valid for at least one year at the time of establishment in Switzerland . If not, the holders will receive a Swiss driver's licence in the test. The probationary period begins when the Swiss driver's licence is granted. It lasts for three years, net of the time between the date of issue of the Liechtenstein driving licence and the date of the change of domicile, but cannot be less than one year. It covers all the categories and sub-categories of licences already obtained and the other categories and sub-categories obtained during that period.

Art. 5 Prohibition of the use of a driving licence of the other Contracting Party

In the event of an infringement of the highway code, the Swiss authorities shall apply s. 45 OAC-CH 1 Holders of a Liechtenstein driver's or driver's licence; the Liechtenstein authorities apply the art. 42 OAC-FL 2 Holders of a Swiss driver's licence or driver's licence.


1 RS 741.51
2 LR 741.51

Section 2 Certificates of capacity

Art. 6 Mutual recognition

Certificates of capacity are mutually recognized.

Art. 7 Recognition of continuing education courses

(1) The training establishments and continuing training courses offered to drivers for the carriage of persons and goods by road are mutually recognised.

(2) Drivers of a Contracting Party may carry out the prescribed continuous training in the territory of the other Contracting Party.

Art. 8 Change of residence

(1) Holders of a certificate of capacity of a Contracting Party who elect domicile in the territory of the other Contracting Party shall be required to submit to the new competent authority within fourteen days and to apply for the same Time the certificate of capacity of the new home state. Competence is the responsibility of the new authority at the institution.

(2) The new competent authority shall issue the certificate of capacity without examination. It takes into account the ongoing training already done.

Section 3 Driving monitors

Art. Jurisdiction

The competent authority for driving licences in accordance with Art. 1, c. 1 and 4, c. 1, is also for admission to the road traffic of driving instructors.

Art. 10 Recognition of the authorization to teach driving

Driving instructors may exercise their profession in the territory of the other Contracting Party without authorization, provided that they have announced themselves to their competent authority. The Liechtenstein driving instructors will have to announce themselves in the canton where they wish to practice.

Art. 11 Monitoring and measurement

(1) The authorities of the Contracting Parties shall provide for the supervision of driving instructors on their territory.

(2) Findings likely to result in action shall be communicated to the competent authority under s. 9. The Commission will inform the authority that has notified the findings of the measures taken.

(3) The supervisory authority may prohibit the use of the authorization to teach driving.

Art. 12 Continuing Education

The prescribed continuous training may be carried out in the territory of the other Contracting Party. The authorities inform each other of the ongoing training followed by the monitors.

Art. 13 Change of residence

(1) If a monitor changes residence in accordance with s. 4, para. 1, the authorization to teach the conduct of a Contracting Party replaces that of the other Party.

(2) The continuous training already followed shall be taken into account.

Section 4 Vehicle registration

Art. 14 Recognition of registration

(1) As long as a vehicle has its place of parking in the territory of a Contracting Party, it may, with the traffic permit and the control plates of that Contracting Party, circulate in the territory of the other Contracting Party in the same Measure that vehicles that are registered there, including for inland transport. The distinguishing sign of the State of registration is not required.

(2) A parking place shall be the place where the vehicle is generally parked overnight. In the following cases, the holder's domicile is considered to be a parking place:

(a)
For vehicles which are used during the week in the territory of the Contracting Party where the holder does not have his domicile and who are brought back to the end of the week, on average at least twice a month, in the State of residence of the Holder;
(b)
For vehicles that are used for less than nine consecutive months in the territory of the Contracting Party where the holder is not domiciled;
(c)
For vehicles whose duration of parking is the same in the holder's home State as in the territory of the other Contracting Party.
Art. 15 Change of registration

(1) Where the place of parking of a vehicle registered in a Contracting Party is transferred to the territory of the other Contracting Party, the holder shall be required to announce it within 14 days to the competent authority of the other Contracting Party Contracting Party. On the basis of the old driving licence, a new certificate of insurance and, where appropriate, additional documents, the latter allows the vehicle to circulate.

(2) The new competent authority shall return the cancelled old circulation licence and the corresponding plates to the competent authority up to that time. Upon request, the latter shall forward to the new competent authority the vehicle expertise report or a certified copy. Upon request, it shall also transmit either the report of expertise of the tachograph or the speed limitator if it exists, or a certified copy.

Section 5 Special vehicles, special transport and driving prohibitions

Art. 16 Special Vehicles and Special Transportation

The competent authorities of the Contracting Parties may issue travel authorizations for vehicles and special transports with effect for the other Contracting Party, provided that the conditions set out in Art. 78-85 of the Swiss Order of 13 November 1962 on Road Traffic Rules (OCR-CH) 1 And those formulated in art. 76-83 of the liechtensteinese order of 1 Er August 1978 on Road Traffic Rules (OCR-FL) 2 Have been completed. In the area of competence (art. 79 OCR-CH), the Principality of Liechtenstein is treated as a Swiss canton.


1 RS 741.11
2 LR 741.11

Art. 17 Prohibition of movement on Sunday and night

The competent authorities of the Contracting Parties may grant authorizations to circulate on Sunday and night with effect on the other Contracting Party, provided that the conditions set out in Art. 92 OCR-HP 1 And those formulated in Art. 90 OCR-FL 2 Have been completed. With regard to art. 92 OCR-CH, the Principality of Liechtenstein is a Swiss canton.


1 RS 741.11
2 LR 741.11

Section 6 Information system for entry into traffic (SIAC)

Art. 18 Collaboration

(1) The Contracting Parties shall cooperate in the following areas:

(a)
Vehicle approval;
(b)
Admission of vehicles;
(c)
Digital tachograph cards;
(d)
Admission of drivers;
(e)
Administrative measures.

(2) A Contracting Party may settle a cooperation in respect of other information systems of road traffic in the Protocol to this Agreement (Art. 25), provided that it does not affect any sensitive personal data.

(3) The Principality of Liechtenstein shall participate in the management and operation of the Swiss Traffic Admission Information System (SIAC) as defined in the provisions below.

(4) The Swiss legislation relating to the SIAC applicable in the Principality of Liechtenstein at the time of entry into force of this Agreement is contained in the Protocol to that Agreement.

(5) The authorities of the Principality of Liechtenstein, including the police and the criminal authorities, have the same rights and obligations as the analogous Swiss authorities.

Art. 19 Costs

(1) Switzerland shall bear the costs of development, development and operation of the system.

(2) The Principality of Liechtenstein shall bear the additional costs incurred by the specific Liechtenstein requirements.

Art. Data

(1) Subject to provisions contrary to this Agreement, cooperation shall be governed by the following laws:

(a)
The Swiss Federal Law of 19 June 1992 on Data Protection 1 For data from Switzerland;
(b)
The Liechtenstein law of 14 March 2002 on data protection 2 For Liechtenstein data.

(2) The Federal Roads Office or the Motor Vehicle Control of the Principality of Liechtenstein may transmit to third States the data provided by the other Contracting Party under this Agreement, subject to the agreement Written by the competent authority of the latter.

(3) The processing of data in other systems shall be subject to the written authorisation of the competent authority.

(4) Subject to the express authorisation of the competent Liechtenstein authority, the data submitted to the Swiss SIAC may be transmitted by the Swiss authorities for statistical and research purposes.


1 RS 235.1
2 LR 235.1

Section 7 TTachygraph, speed limitation devices and PPLP input devices

Art. Issuance of tachograph cards

The issue of tachograph cards is the responsibility of the Federal Roads Office.

Art. Workshop approval, workshop control, issue of workshop cards

The Federal Customs Administration is responsible for:

(a)
The certification of workshops for the assembly, control and repair of digital and/or analog tachographs, speed limiters and RPLP input devices;
(b)
Related workshop controls;
(c)
The issue of workshop cards.
Art. Billing and Costs

(1) The Federal Roads Office charges the fees for the liechtensteine tachograph cards.

(2) The Federal Roads Office shall record emoluments for all tachograph cards. In case of arrears for tachograph cards for the Principality of Liechtenstein and following an unsuccessful summation of the Federal Roads Office, the Liechtenstein Motor Vehicle Control will assume the recovery.

Section 8 Implementing rules

Art. 24 Competent Authorities

The Contracting Parties shall each communicate to each other the authorities responsible for the application of this Agreement. These authorities correspond directly.

Art. 25 Protocol

The competent authorities of the Contracting Parties shall agree on the arrangements for the application of this Agreement in a protocol established at the same time as this Agreement, of which it is an integral part.

Art. 26 Joint Commission

(1) The Contracting Parties shall establish a Joint Commission to deal with matters relating to the application of this Agreement. The Joint Commission shall be composed of representatives of the competent authorities of the Contracting Parties.

(2) This Commission is also competent to amend or supplement the Protocol referred to in Art. 25.

(3) The Commission shall meet in case of need and at the request of one of the Contracting Parties, alternately in the territory of each Contracting Party.

Section 9 Final provisions

Art. 27 Repeal of the law in force

The following shall be repealed following the entry into force of this Agreement:

(a)
The Exchange of Notes of 15 December 1977 between Switzerland and the Principality of Liechtenstein on the reciprocal recognition of driving licences and traffic permits and on administrative measures 1 ; and
(b)
The Agreement of 25 October 2006 in the form of an exchange of notes between the Swiss Federal Council and the Government of the Principality of Liechtenstein on the participation of Liechtenstein in the management and operation of the automated Swiss registers In the field of road traffic 2 .

1 [RO 1978 45]
2 [RO 2007 433]

Art. 28 Entry into force and duration of validity

(1) This Agreement shall enter into force 30 days after the receipt of the second diplomatic note by which the Contracting Parties inform each other that their internal constitutional requirements for entry into force have been Respected.

(2) The Agreement shall remain in force for as long as it has not been denounced by a written notification by one of the Contracting Parties. It will lapse 12 months after the date of receipt of the diplomatic note informing the other Contracting Party of the denunciation.

In witness whereof The Plenipotentiaries, duly authorized by their respective Governments, have signed this Agreement.

Done at Berne, June 18, 2015, in two originals in German.

For the Swiss Federal Council:

Simonetta Sommaruga

For the Government of the Principality of Liechtenstein:

Adrian Hasler

Protocol

Under s. 25 of the Agreement on Road Traffic between the Swiss Confederation and the Principality of Liechtenstein,

Hereinafter referred to as "Agreement",

The Federal Office for Swiss Roads and the Control of motor vehicles in Liechtenstein

Agreed to the following:

Competence for drivers and vehicles (art. 1 and 15 of the Agreement)

The competent authorities are, for Switzerland, the Control of Motor Vehicles or the Automobile Service of the canton of domicile, and for the Principality of Liechtenstein, the Control of Motor Vehicles.

2. Swiss legislation applicable to SIAC (Art. 18 of the Agreement)

The Swiss legislation applicable to SIAC shall include the following acts and provisions, in the version valid on the day of the entry into force of the Agreement:

(a)
Art. 104 A At 104 D Federal Law of 19 December 1958 on Road Traffic 2 ;
(b)
Order of 19 June 1995 on type-approval of on-road vehicles 3 ;
(c)
Order of 23 August 2000 on the register of driving licences 4 ;
(d)
Order of 18 October 2000 on the ADMAS register 5 ;
(e)
Order of 3 September 2003 on the MOFIS register 6 ;
(f)
Order of 29 March 2006 on the register of tachograph cards 7 .

3. Competence for digital tachograph (art. 21 to 23 of the Agreement)

The competent authority for Switzerland is the Federal Road Office and the Motor Vehicle Control for the Principality of Liechtenstein.

The Contracting Parties shall operate in an independent but coordinated manner vis-a-vis the European Union, be they activities or procedures relating to qualifications according to EU directives, or participation in tests Interoperability.

The Federal Roads Office shall communicate in good time to the control of the liechtensteinese motor vehicles any modification or development relating to the manufacture of digital tachographs, at the interface of the control software of the OTR or In the WTO tachograph card markets.

When changes to the digital tachograph system required as a result of new technical requirements or new EU requirements (e.g. TACHOnet, certification body) are not covered by the maintenance contract, they are settled as follows:

The Federal Roads Office informs the Motor Vehicle Control in good time and develops a proposal for implementation or adaptation. Subsequent negotiations within the Joint Commission relate to the actual implementation and possible participation at the expense of the Principality of Liechtenstein.

4. Competent authorities (art. 24 of the Agreement)

The competent authorities for the implementation of the Agreement are:

For Switzerland:

Federal Roads Office

CH-3003 Berne

For Liechtenstein:

Motor Vehicle Control

P.O. Box 684

FL-9490 Vaduz

5. Joint Commission (Art. 26 of the Agreement)

The competent authorities which make up the Joint Commission are the Federal Roads Office for Switzerland and the Motor Vehicle Control for Liechtenstein.

Also part of the Joint Commission, with a consultative voice, a representative or a representative of the Association des services des automobiles (asa).

Bern, June 18, 2015, in two originals in German.


1 Original German text.
2 RS 741.01
3 RS 741.511
4 RS 741.53
5 RS 741.55
6 RS 741.56
7 RS 822.223