Adapting the legal bases concerning working time and rest periods for professional drivers of light and heavy passenger transport vehicles
In this ASTRA-funded research project (implementation of Motions 16.3066 Nantermod and 16.3068 Derder), the INE together with the Centre for Public Commercial Law at the ZHAW is investigating possible regulatory adjustments that will become necessary in the course of digitisation and the newly emerging (platform-based) transport services.
Initial situation and objectives
The study aims at answering the two motions Derder and Natermod and is based on a study on the regulation of the new types of transport services (Uber, Lyft, etc.). Both motions call for a review and revision of the legal basis regulating the new types of transport services. The focus here is on road traffic and labour legislation. The study should firstly be transdisciplinary and secondly build on existing scientific studies and be methodologically based on comparisons with other countries.
The Institute for Sustainable Development (INE) is primarily responsible in the project for the analysis of current technology trends and the presentation of developments in new driving services (national and international). The INE outlines possible development scenarios for Switzerland and assesses the opportunities and risks of digitisation for our future everyday mobility.
WP1 - Initial situation
- New technologies and transport services: The new driving services are characterised by the fact that they are provided via an electronic platform. The study describes what is new compared to traditional (taxi) services and how this changes the subject of regulation.
- Possible development of the new transport services: The platform-based Sharing Economy is creating new types of driving services. A look abroad reveals what possible development variants could look like for Switzerland.
- Opportunities and risks of digitisation: The development scenarios identified are evaluated and assessed in terms of the opportunities and risks associated with digitisation.
- Subject of regulation and public interests at stake: The interests to be pursued by the legislator are specified in detail in the constitution and laws.
WP2 - Current legal situation
- Method of comparative law: The scientific method of comparative law is presented and put into the project-specific context.
- Current legal situation in the Confederation and cantons: The study presents the regulation of driving services in Switzerland - with the international requirements, the regulations at federal level and the applicable regulations at cantonal level.
- Legal situation in selected countries: Country-specific features of regulation are highlighted and grouped in order to compare them with Swiss characteristics.
WP3 - Approaches to the further development of Swiss regulation and proposals de lege ferenda
Possible regulatory approaches are described, analysed and evaluated according to advantages and disadvantages or opportunities and risks.
WP4 - Suggestions for answering the motion
From the evaluated regulatory seeds, a concrete regulation de lege ferenda is proposed, which can be used as a basis for answering the Natermod and Derder motions.
At a glance
Participating Institutes ZHAW:
Project Leader (ZHAW)
Staff Members ZHAW INE and Study Programme Traffic Systems:
- Dr. Maike Scherrer, Dr. Andrea Del Duce, Dr. Thomas Sauter-Servaes, Thomas Trachsel