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Why free public transport is illegal in some Swiss cantons

Making public transport free is illegal in some Swiss cantons, but not in others. Here's why.

A tram weaves its way through the Swiss city of Zurich. Public transport can technically not be free in Switzerland due to constitutional rules. Photo by Abdul basit on Unsplash
A tram weaves its way through the Swiss city of Zurich. Public transport can technically not be free in Switzerland due to constitutional rules. Photo by Abdul basit on Unsplash

From allowing local residents to vote on whether people can become citizens (rejected), or whether to amend the constitution to give people a day off on August 1st, the Swiss like to vote on anything and everything. 

Which is perhaps why it is so puzzling that voting on whether to make public transport free is banned in some cantons, but legal in others. 

EXPLAINED: How Switzerland’s direct democracy system works

The cantons of Zurich, Bern and Fribourg have expressly declared that voting on making public transport free is illegal under the Swiss constitution. 

Vaud on the other hand has recently declared such a vote to be valid, with a future referendum to be held on the issue. 

Neuchâtel also declared such a vote to be valid, although this is currently “under review”, as Swiss news agency Watson reports. 

Here’s what you need to know. 

Why is voting on public transport illegal? 

Under Switzerland’s direct democracy system, people can have an issue put to a vote when they gather enough signatures to do so. 

This can take place at a cantonal level, as with a recent minimum wage vote in Ticino, or at a federal level. 

With Switzerland’s federal system, some things are regulated at a federal level and some at a cantonal level, with public transport being an example of the latter. 

When advocates of free public transport tried to push for a referendum in the cantons of Zurich, Bern and Fribourg, the cantonal authorities all came to the same conclusion: that such a vote was illegal. 

Under the Swiss constitution, users of public transport are required to bear the costs “to a reasonable extent”. 

It was the opinion of these cantons – or at least the government in charge – that this meant free public transport was constitutionally prohibited, and as such no vote on the matter could take place. 

Cost of living in Switzerland: How to save money if you live in Zurich

Why is free public transport considered legal in some cantons? 

Put simply, the cantonal authorities – which are given significant scope to decide on the legality of proposed referendum efforts – in Vaud and Neuchâtel did not share the same view as those in Zurich, Bern and Fribourg. 

Vaud told Switzerland’s Watson news agency that the constitutional provision was far from clear on whether free public transport was banned outright. 

The cantonal authorities referenced the legal maxim “in dubio pro populo” – which loosely translates as “if in doubt, decide for the people” – in justifying their decision. 

According to Vaud authorities, cantonal governments have the right to decide whether to fully subsidise public transport for commuters under Swiss law – provided the canton and not the federal government pays the costs. 

Authorities in Neuchâtel came to the same conclusion in 2018 when recommending the issue for a vote, but recently announced a review of the decision on the basis of the decision of the other cantons. 

What does “reasonable” mean?

Like the cantons, legal experts are split on the issue of what “reasonable” means. 

Some argue that commuters already cover the costs through their taxes paid to cantonal authorities, which represents a “reasonable” extent. 

EXPLAINED: How where you live in Switzerland impacts how much income tax you pay

Others, such as Zurich constitutional law professor Felix Uhlmann, argue that while some free travel is justified – for instance for children under six or for tourists as is the case in Basel City – making it completely free would be unconstitutional. 

“I see a conflict with the federal constitution if public transport becomes free for the entire population”.

“But if we extend the freedom of charge to the entire population, we have definitely crossed the grey area.”

Uhlmann said that the efforts in Vaud and Neuchâtel will ultimately fail, as the issue is likely to go to the federal Supreme Court. 

“Due to the number of initiatives alone, it is to be expected that a committee will contest the declaration of invalidity of the bill and ultimately the Federal Supreme Court will have to decide on the disputed issue,” Uhlmann told Swiss news outlet Watson. 

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How are Switzerland’s electronic motorway ‘vignettes’ checked?

Motorway vignettes, either paper or digital versions, are obligatory in Switzerland for all vehicles — including those with foreign license plates.

How are Switzerland's electronic motorway 'vignettes' checked?

Self-adhesive stickers have been in use for decades, but in 2023, the Federal Office of Customs and Border Security (BAZG) introduced electronic versions as well.

While the paper vignettes affixed to a car’s windshield are easily visible, the electronic version, used by 2.5 million motorists, is not.

This means that out of 10.5 million vehicles that drive on Swiss motorways each years, a fifth don’t have an easily noticeable vignette.

READ ALSO : What you should know about Switzerland’s new electronic motorway sticker? 

So how do the authorities responsible for checking the stickers deal with this situation?

According to BAZG’s spokesperson Nadia Passalacqua, “the control of the electronic tag takes place through random checks of the license plate. At borders, they are carried out by BAZG collaborators, while within the country it is the responsibility of the police.”

“During the check, the license plate of the vehicle in question is compared with the database of registrations using technical aids or an app,” she added.

What happens if a random check of your vehicle reveals you don’t have either version of the sticker?

Each motor vehicle traveling on Swiss motorways must have a vignette valid for the current year.

This rule includes automobiles, motorbikes, trailers, caravans, delivery vans, and campers that weigh up to 3.5 tonnes.

(Lorries and buses weighing over 3.5 tonnes don’t need a vignette. They are subject to a special heavy vehicle charge instead.)

This obligation also applies to tourists merely transiting through Switzerland.

If, during a random check, your vehicle is found lacking a valid vignette, you will be fined 200 francs (five times the cost of the vignette — 40 francs).

All motorists are expected to comply with this rule because the cumulative price of the sticker is used to maintain the road infrastructure, which in the past was financed by tolls.

Today, Switzerland still has some paid roads which are not covered by the vignette, though there are far fewer of them than elsewhere in Europe. 

Where can vignettes be purchased ?

The paper ones are available at border crossings, post offices, and petrol stations.

The digital sticker, which is linked to the vehicle’s registration number, can be purchased at any time on the BAZG website.

You can do so by selecting a vehicle category, country where it was registered, and number plate. No personal data like your name or address is needed.

You can pay for e-vignette online or by a credit card.You will then receive confirmation, which is your proof of purchase.

Be aware, however, that BAZG is advising motorists to purchase the e-vignette only from its site.

That’s because some foreign sites, including one based near Amsterdam, is also selling e-stickers, promoting itself as “the website for buying your official Swiss vignette.”  

This online shop is not fake — it buys legitimate e-vignettes from  BAZG and then re-sells them for a higher price.

In Switzerland, both paper and digital versions cost 40 francs, while the Dutch provider sells them for 50 euros — 48 francs at the current exchange rate.

READ ALSO : Switzerland warns drivers not to buy motorway sticker on foreign websites

It is important to get this right because, according to Passalacqua, eventually the physical sricker will be eliminated in favour of its e-version.

That moment will come when the paper vignette will generate less than 10 percent of overall revenue.

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