FIS rules

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The FIS rules are general rules of conduct of the International Ski Federation FIS for skiers and snowboarders . They apply worldwide and not only on ski slopes and should - comparable to road traffic regulations - avoid accidents and mutual danger. The main principle of the FIS rules is "consideration".

The FIS rules

1. Considerate the other skiers and snowboarders

Every skier and snowboarder must behave in such a way that they do not endanger or harm others or restrict them in their activities.

2. Control of speed and driving style

Every skier and snowboarder has to ski with sight. He must adapt his speed and driving style to his ability and the terrain, snow and weather conditions as well as the density of traffic.

3. Choice of lane

The skier or snowboarder coming from behind must choose his lane in such a way that he does not endanger the skiers and snowboarders in front of him.

4. Overtaking

Overtaking is permitted from above or below, from the right or left, but always at a distance that allows the skier or snowboarder being overtaken enough space for all of their movements.

5. Run-in and start-up

Every skier and snowboarder who wants to enter a ski run, start again after a stop or swing or drive uphill must make sure that they can do this without endangering themselves and others.

6. Stop

Every skier and snowboarder must avoid staying in narrow or confusing areas of a descent without need. A fallen skier or snowboarder must vacate such a spot as soon as possible.

7. Ascent and descent

A skier or snowboarder ascending or descending on foot must use the edge of the descent.

8. Pay attention to the signs

Every skier and snowboarder must pay attention to the markings and signs.

9. Assistance

In the event of an accident, every skier and snowboarder is obliged to provide assistance.

10. Identification requirement

Every skier and snowboarder, whether witness or involved, whether responsible or not, must provide their personal details in the event of an accident.

history

At its congress in Beirut in May 1967 , the FIS decided not only to take over the Ski World Cup , which it had previously organized independently , but also ten rules of conduct for skiers. Three years earlier in Germany, Rudolf Nirk had developed so - called own rules for skiing based on the general principle of conduct not to harm or endanger others culpably, as well as from court decisions that had already been made, from which essential content was adopted in the FIS rules. In Austria, the forerunner of today's Board of Trustees for Alpine Safety published the draft of a piste regulation (POE) in 1970 , which should serve as the basis for state laws and with regard to the behavior of skiers contained provisions identical to the FIS rules and formulated only for ski slopes was. However, such laws were never passed.

The rules were changed for the first time in 1990: with regard to "right of way", a distinction was only made between standing and moving slope users, regardless of their direction of movement. Rule 5 previously read "Obligations of the lower and the crossing skier: Whoever enters a downhill course or wants to cross (traverse) a ski area ..." . The second and so far the last change took place in 2002 at the Congress in Portoroz ; snowboarders were included in the text and the phrase “swinging or riding uphill” was added to rule 5 in order to take into account the new possibilities of carving .

Legal

Liability

European Union

In all EU countries except Denmark , Regulation 864/2007 (Rome II) applies to non-contractual obligations , according to Article 17 of which “when assessing the conduct of the person whose [ private ] liability is asserted [...] factually and as far as appropriate the safety and behavioral rules that are in force at the place and at the time of the event giving rise to liability are to be observed ”.

Germany

"The skier has to behave in a way that he does not endanger or harm anyone else."

- Federal Court of Justice 1972, official guiding principle

The FIS rules of conduct apply as a concretization of the general duty of care in so-called parallel sport practice (i.e. in particular constant caution and mutual consideration) not only for skiers and snowboarders, but also "for the use of all winter sports equipment that enables a descent due to its gliding properties" for users of skibobs , tobogganing , etc. In the event of an accident, the rules of conduct applicable at the scene of the accident must be observed, regardless of which liability law applies (e.g. if two German skiers collide in Austria, German liability law applies, but the local Accident rules - in Austria also the FIS rules - to be used).

According to Rule 3, the skier ahead has unrestricted priority, whereas the skier behind must keep a sufficient distance. The skier coming from above must anticipate all movements of the person below (wide turns, inclines, curves with a large radius as well as any change of direction). In particular, those coming from behind must not trust that the vehicle in front will maintain their controlled driving style in a certain area. On the other hand, the person driving ahead does not have to "orientate themselves uphill and certainly not to the rear", but only has the obligation to observe the processes in their field of vision.

Contributory negligence due to a violation of FIS Rule 5 is also out of the question if the person below moves only slowly with "extremely slight" use of the slope and gravity, because he is still driving and therefore according to FIS Rule No. 3 Has priority over skiers coming from above.

Even an accident between two ski course participants does not lead to a liability privilege for the driver coming from above and does not release him from his duties of care. The fact that the ski instructor wants him to start driving does not change anything in terms of his personal duty of care.

According to German jurisprudence, the following principles can be assumed: If a skier observes the FIS rules, his behavior is usually not in breach of duty.

In contrast to a rear-end collision, there is no prima facie evidence if the course of the collision cannot be clarified because of the many possible situations and driving styles on the slope . In this case, the injured party must prove that the opponent is at fault if he is claiming compensation . If, on the other hand, it is clear who was involved in the accident from behind, then a typical course of events - violation of FIS rule 3 - is assumed, which must be refuted by proving the opposite in order to rule out any fault on the part of the driver.

Austria

Even under Austrian law, the FIS rules are neither legal norms nor common law provisions. However, as a summary of the duties of care that must be observed when practicing alpine skiing in the interests of all parties involved, and when applying the general principle that everyone must behave in such a way that they do not endanger anyone else, they are of considerable importance.

The precautionary requirement when swinging uphill in rule 5 also applies in the area of ​​slope crossings. So got a skier at the mouth of a ski route in a slope upward gecarvt was awarded the sole blame for a collision because he had "to spend rather atypical [n] Driving lines [...] special attention" in and recognize that he for the plaintiff was imperceptible.

Switzerland

As in Germany and Austria, the FIS rules in Switzerland are not legal norms, but rather rules of conduct that can be used “as a yardstick for the care that is usually to be observed in skiing”. The guidelines for skiers and snowboarders of the Swiss Commission for Accident Prevention on Snow Sports Runs (SKUS) serve as further guidance . In previous editions, these explicitly required snowboarders to “ look over the shoulder ”, especially before backside turns .

Italy

With the provincial law of February 26, 1981, no. 6 , the Autonomous Province of Bolzano-South Tyrol adopted a piste regulation for the first time, which was replaced by the provincial law of November 23, 2010, no. 14 on the organization of ski areas and in Art. 17ff. essentially contains the FIS rules, but also further or partly deviating regulations (e.g. a "right before left" rule at intersections and the priority of snow groomers ). With the law of December 24, 2003, No. 363 , the state then adopted a legal norm applicable throughout the Republic of Italy . As in the South Tyrolean provincial law, there is a "right before left" rule at intersections and no specific provisions for driving off after stopping and swinging up the slope. Also noteworthy is the assumption of equal contributory negligence on the part of all those involved in a collision until proven otherwise.

France

In France , the FIS rules do not have the status of a law either, but are often cited in civil proceedings to justify the obligation to exercise caution and diligence or non-compliance. A special feature of French private law is the no-fault liability according to Art. 1384 Para. 1 Civil Code , which can also be applied to sports equipment .

In some ski areas, the FIS rules or essential provisions of their provisions have direct legal force through municipal ordinance.

Spain

There is no special “ski law” in Spain either; Judgments are based on the general rules in the Código Civil on damages . This was awarded in the event of a ski collision if the behavior "violated the rules of caution". The Guía Cívica del Esquiador of the Catalan mountain railway association ACEM is strongly based on the FIS rules.

Web links

Individual evidence

  1. ↑ Congress Information: 26th Beirut (LIB) 1967 ( Memento of the original dated November 23, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. on the FIS website, accessed on November 4, 2014 (English). @1@ 2Template: Webachiv / IABot / www.fis-ski.com
  2. ↑ cf. Willy Padrutt : Problems of ski law from a Swiss point of view. In: Friedrich-Christian Schroeder , Hans Kauffmann, Sport und Recht , Walter de Gruyter 1972, ISBN 3-11-089020-8 , p. 102 ff. ( Google book preview ).
  3. ↑ NJW 1964, 1829ff., Cited e.g. B. in the judgment of the Federal Court of Justice of January 11, 1972, Az. VI ZR 187/70
  4. ↑ Piste regulation draft (POE) on alpinesicherheit.at, accessed on February 3, 2017.
  5. ↑ a b Armin Kaltenegger, Karin Schöllnast: Piste rules - An overview ( memento of the original from November 7, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , Zeitschrift für Verkehrsrecht 2007/02, p. 47 ff (PDF). @1@ 2Template: Webachiv / IABot / www.kfv.at
  6. ↑ Quoted and a. in BGE 106 IV 350 of October 24, 1980, p. 352. , OGH of July 1, 1987, reference number 3Ob526 / 87
  7. ↑ FIS piste rules. The 10 rules of conduct for skiers & snowboarders. Saalbach Hinterglemm Tourist Association, archived from the original on March 30, 2016 ; accessed on October 8, 2019 (original website no longer available).
  8. ↑ FIS rules of conduct for skiers with comments, version 1990 ( memento of the original from November 4, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. on the website of the Bavarian State Ministry for the Environment and Consumer Protection (PDF).  @1@ 2Template: Webachiv / IABot / www.stmuv.bayern.de
  9. ↑ Congress Information: 43rd Portoroz (SLO) 2002 ( Memento of the original from November 23, 2014 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. on the FIS website, accessed on November 4, 2014 (English). @1@ 2Template: Webachiv / IABot / www.fis-ski.com
  10. ↑ Regulation (EC) No. 864/2007 (PDF) of July 11, 2007 on the law applicable to non-contractual obligations ("Rome II").
  11. ↑ Judgment of January 11, 1972, Az. VI ZR 187/70 , similarly the OLG Munich already before the FIS rules were passed in its judgment of July 14, 1966 (Az. 14 U 396/66).
  12. ↑ Gert Brüggemeier : Liability law: structure, principles, scope of protection , Springer-Verlag, 2006, ISBN 3-540-29911-4 , p. 242 ( Google book preview )
  13. ↑ OLG Munich, judgment of November 8, 1991, Az. 14 U 102/91, SpuRt 1994, 35 [1]
  14. ↑ Düsseldorf Higher Regional Court , judgment of April 19, 1996 - 22 U 259/95 , OLG Koblenz, decision of March 2, 2011, Az. 5 U 1273/10, BeckRS 2011, 06548 = report in NJW Special 09/2011, 266 [ 2]
  15. ^ Higher Regional Court of Brandenburg, judgment of April 16, 2008, Az. 7 U 200/07 .
  16. ↑ OLG Hamm, judgment of May 17, 2001, Az. 27 U 209/00, NJW-RR 2001, 1537 [3]
  17. ↑ OLG Munich, judgment of January 19, 2011, Az. 20 U 4661/10 = BeckRS 2011, 01862 = report in NJW-Spezial 04/2011, 107 [4]
  18. ^ Report in NJW-Spezial 04/2011, 107
  19. ↑ With regard to the duties of care and liability rules cf. also the overview at: Otto Palandt (greeting) - Sprau: Bürgerliches Gesetzbuch. Commentary with subsidiary laws. 70th edition. Munich 2011, ISBN 978-3-406-61000-4 , § 823 BGB, marginal number 211 ff .: Skisport
  20. ↑ OLG Schleswig-Holstein, judgment of August 28, 2012, Az. 11 U 10/12
  21. ^ LG Ravensburg, judgment of March 22, 2007, Az. 2 O 392/06 , LG Cologne, judgment of August 15, 2017 30 O 53/17 .
  22. ↑ cf. RIS Justice RS0023793
  23. ^ OGH of November 22, 2005, reference number 1Ob219 / 05w
  24. ↑ BGE 106 IV 350, p. 352.
  25. ↑ Skiing and snowboarding ( Memento of the original from November 7, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (2012 edition) on the bfu website , accessed on November 6, 2014 (PDF).  @1@ 2Template: Webachiv / IABot / www.bfu.ch
  26. ↑ Guidelines for Skiers and Snowboarders ( Edition 2002 ( Memento of the original from June 17, 2012 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this note. ) ocvs.ch, ( 2007 edition ( Memento of the original dated November 12, 2014 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this note. ) on jugendundsport. ch (PDF). @1@ 2Template: Webachiv / IABot / www.ocvs.ch @1@ 2Template: Webachiv / IABot / www.jugendundsport.ch
  27. ↑ Provincial Law of November 23, 2010, No. 14 on provinz.bz.it, accessed on November 6, 2014.
  28. ↑ Legge 24 December 2003, n. 363 ( Memento of the original dated February 7, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. with German translation on provinz.bz.it, accessed on November 6, 2014 (PDF). @1@ 2Template: Webachiv / IABot / www.provinz.bz.it
  29. ↑ Michel Bailly: From individual ski rights to uniform ski rights. Lecture at the European Ski Law Forum in Bormio on 2-4. December 2005 ( I. EUROPEAN SKI LAW FORUM RA Michel BAILLY ( Memento from November 7, 2014 in the web archive archive.today )).
  30. ↑ z. B. in Tignes : on tignes.net and Arrêté Municipal dated December 11, 2009 ( PDF ( Memento of the original dated November 12, 2014 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to instructions and then remove this notice. ), accessed on November 12, 2014. @1@ 2Template: Webachiv / IABot / www.tignes.net
  31. ^ Ignacio Arroyo Martinez: Spain - Legislation, case law and literature on skiing law. Lecture at the European Ski Law Forum in Bormio on 2-4. December 2005 ( Legislation, case law and literature on skiing law (with particular reference to liability for skiing accidents) ( Memento from December 15, 2011 in the Internet Archive ))
  32. ↑ Contingut de la Guia Cívica de l'esquiador ( Memento from November 7, 2014 in the web archive archive.today ) on catneu.cat, (Catalan).