As a reminder: For a Swiss television program, Zurich mountain biker Alec Wohlgroth rode five popular single trails on Zurich's local mountain, the Uetliberg. The district forester Willy Spörri then reported the two of them for riding on trails where riding was prohibited. The two challenged this decision and were found to be right by the district administrator's office in three out of five cases. They also appealed against the reduced fine and were upheld by the District Court of Affoltern am Albis across the board. It follows the argument, which in itself is not new, that bikers themselves decide which trails are suitable for them to ride on the basis of their ability and equipment.

In contrast to the lower court, the court ruled that even paths with stairs can be considered suitable. It refers to the much-discussed Article 43 of the Swiss Road Traffic Act: "Paths that are not suitable for use by motor vehicles or bicycles or are obviously not intended for this purpose, such as footpaths and hiking trails, may not be ridden on by such vehicles." This article has remained unchanged since 1958. In its written judgment, the district court states that suitability and purpose are undefined legal terms that allow for a variety of interpretations. "For example, a trail may very well be suitable for mountain bikers with good equipment and many years of experience, but clearly not for beginners. A trail may be suitable for a mountain bike, but not for a simple city bike. The assessment of the suitability of the trail for riding is therefore left to the riders themselves and varies greatly depending on the individual case.".

The decision regarding the path known among bikers as the "Bahnhof Trail" is also interesting. This is no longer shown on the national topography map. The plaintiff described it as a beaten track on which biking was prohibited. The path is still marked on older maps, and there are even red-white-red hiking trail markings in certain places. Above all, however, this path is so clearly recognizable as a path that it is considered as such by the district court and may therefore also be used. The second instance ruled that mountain bikers are allowed to ride on any path that is not marked with a driving ban.

The ruling applies to the canton of Zurich and probably beyondThis is undoubtedly a groundbreaking decision. It is based on the Swiss Federal Road Traffic Act, the Zurich Forest Act and the Zurich Forest Ordinance. Bikers throughout the canton can therefore invoke it. Lawyer Martin Hablützel explains: "The canton of Zurich has stipulated in the Forest Act, for example, that trails are not considered paths. Without a clear legal regulation, however, such provisions would not be binding. This is because the principle applies: no punishment without a clear legal provision, as the judgment of the Affoltern District Court correctly states."The ruling must also at least be taken into consideration in the rest of Switzerland, as Hablützel explains further: "Bikers throughout Switzerland can invoke this ruling because the Road Traffic Act, on which the acquittal is based, is federal law and applies throughout the country. However, the cantons can issue general driving bans for certain paths or roads, or allow the municipalities to issue such bans, for example in special landscape or animal protection areas.

For now, this is good news for mountain bikers in the canton of Zurich. Those in other cantons can now compare their cantonal laws with those of the canton of Zurich. If they are very similar, the reasoning of the District Court of Affoltern am Albis will also carry weight for them. Grün Stadt Zürich GSZ, the municipal authority responsible for Zurich's forests, did not wish to comment when asked by Ride, as the case is still ongoing. The reason: two Zurich municipal councillors have submitted a written request to the city council. It also deals with the question of where mountain biking is allowed on the Uetliberg and where it is not. GSZ does not want to comment on this until the city council has responded. This is expected at the end of January.

With its ruling, the District Court of Affoltern am Albis has driven a strong stake in the right to enjoy existing trails on a mountain bike. The ruling is legally valid, there has been no appeal against it. Nevertheless, the last word has probably not yet been spoken on the subject of single trails.