Snowmobile driving in outlying fields was punishable and unnecessary

A farmer who in February 2022 transported materials and equipment by snowmobile to a shepherd's shed in the mountains, used the snowmobile an extra 20 kilometres to fetch an electric saw he was borrowing from an acquaintance, which was at a fishing hut farther out in the mountains. The Supreme Court, like the previous instances, found that the extra driving was a violation of the prohibition of motor traffic in outlying areas in section 3 of the Motor Traffic Act, and that the exemption for necessary driving in connection with agricultural activities in section 4 subsection 1 (c) did not apply. It was pointed out that a famer’s need to drive a motor vehicle in outlying areas had to be safeguarded and balanced against environmental considerations. It is not sufficient that the driving is useful or appropriate if there is an alternative that avoids or reduces the use of the outlying area. In this case, the farmer had other options to fetch the saw, such as picking it up at the owner's home before the work on the shepherd's shed began in April in the same year. The driving was thus not necessary. The Court of Appeal had stipulated the penalty at a fine of NOK 8,000. The appeal against the judgment of the Court of Appeal was dismissed. 

Read the whole judgment (Norwegian only)

Area of law: Sections 3 and 4 (c) of the Motor Traffic Act

Key paragraphs: 27-30

Justices: Falkanger, Ringnes, Bergh, Høgetveit Berg, Hellerslia