Matthias Lüscher and Alec Wohlgroth rode five of the most popular single trails on the Uetliberg and received a fine for it. Two years and two court instances later, nothing remains of it. The Affoltern am Albis district court ruled that everything was legal. On the Uetliberg, on the territory of the city of Zurich (north side) and the district of Affoltern am Albis (south side), all roads on which no driving ban is signaled may be used.

And what is the situation in the rest of the canton of Zurich?

First of all, it must be made clear: The district court's decision cancels a penalty order. It does not change the applicable laws; in this case: the Forest Act and Forest Ordinance of the Canton of Zurich and the Federal Road Traffic Act. The ruling clarifies how the applicable articles are to be understood and applied. If a mountain biker is fined again for riding on a forest path without a driving ban, this fine must be revoked.
This does not apply to trails and trails shoveled by bikers on their own initiative. It is not clear where the boundary between a beaten track and an official path lies. The ruling states that a trail that is clearly recognizable as such may be used. If you want to be on the safe side, stick to paths that are marked on the national topography map. And on which no driving ban is signaled, of course.

Where, as on the Uetliberg, only the Forest Act and the Forest Ordinance of the Canton of Zurich apply in addition to the Federal Road Traffic Act, the Uetliberg ruling also applies. If a mountain biker is fined, she can invoke the ruling. She has the right to be judged in the same way as Matthias Lüscher and Alec Wohlgroth. The municipality of Hausen am Albis has already reacted to the first-instance ruling and announced that it is permitted to ride bikes on the narrow paths in a forest called Huserholz.

However, it is possible that additional rules apply in a municipality, for example in nature conservation areas. "Exceptions are regulated by the municipality", states the Zurich Forest Act. Such local laws or ordinances take precedence. Whether the reasoning of the Uetliberg ruling also applies in other parts of the canton therefore depends on the local legal situation.

What does the ruling mean for the rest of Switzerland?

The ruling of the District Court of Affoltern is of a precedential nature where no deviating cantonal or municipal regulations apply. Where there are no such regulations, bikers throughout Switzerland can invoke this ruling. Of course, a district court ruling could be overturned (overruled) by a higher or federal court ruling.So if you want to know exactly, you need to familiarize yourself with the legal situation in your canton and the municipalities concerned. The other option is to continue riding single trails to the best of your knowledge and belief. If you are fined, you have the opportunity to appeal against the penalty and have the legal situation clarified by an official body

Legal information: Lawyers' collective and lawyer Martin Hablützel, Zurich

This text was published in Ride N°83.