FIS Rules

The FIS Rules (Fédération Internationale de Ski) are an internationally recognized code of conduct for skiers and snowboarders. They consist of ten binding provisions designed to ensure consideration, safety, and responsibility on ski slopes. They regulate how to adjust speed, choose a line, overtake, or react after a fall. Although they do not constitute laws in the strict sense, they serve as a benchmark for assessing duties of care and thus for civil and criminal liability issues.

The FIS Rules – unlike, for example, traffic regulations – are not laws, nor are they customary legal provisions. However, the FIS Rules and the POE (Piste Order Draft) are highly significant in the legal assessment of ski and snowboard accidents, as they are expert summaries of the duties of care to be observed for the protection of all participants when engaging in alpine skiing.

Knowledge of the FIS Rules is presumed for every slope user. Negligent conduct by a slope user cannot be excused by ignorance of the rules. As a skier, one can generally trust that other slope users will follow the slope rules.

Courts regularly refer to the FIS Rules and the POE Piste Order Draft as a benchmark for assessing ski accidents and snowboard accidents. Anyone who fails to comply with the FIS Rules and thereby causes an accident resulting in property damage or personal injury is therefore liable to prosecution in many cases and will, with high probability, be liable for damages.

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Full Text of the Ten FIS Rules

Preamble

Skiing and snowboarding, like all sports, involve risks. The FIS Rules, as a benchmark for sportsmanlike conduct by careful and responsible skiers and snowboarders, aim to prevent accidents on ski and snowboard slopes. The FIS Rules apply to all skiers and snowboarders. Every skier and snowboarder is obliged to know and observe them. Anyone who causes an accident in violation of these rules may be held civilly and criminally responsible for the consequences.

FIS Rule No. 1: Consideration for other Skiers and Snowboarders

Every skier and snowboarder must behave in such a way that they do not endanger or harm anyone else.

Skiers and snowboarders are responsible not only for their faulty conduct but also for the consequences of defective equipment. This also applies to users of newly developed sports equipment.

In skiing, the principle of non-endangerment applies. According to this principle, every skier must behave in such a way that they do not endanger or harm anyone else. Particular caution is required in so-called neuralgic slope areas (e.g., areas with oncoming traffic).

FIS Rule No. 2: Control of Speed and Manner of Skiing/Riding

Every skier and snowboarder must ski/ride within their sight. They must adapt their speed and manner of skiing/riding to their ability, the terrain, snow and weather conditions, and the density of traffic.

Collisions are often the result of excessive speed, uncontrolled skiing/riding, or insufficient observation. Skiers and snowboarders must be able to stop or swerve within their range of vision. One must ski slowly in areas with poor visibility or high traffic, especially at edges, at the end of slopes, and in the vicinity of lifts and cable cars.

Both the imperative to ski/ride within sight and the imperative of controlled skiing/riding represent elementary principles of all sports involving movement. When choosing speed, factors such as skill level, terrain, slope conditions, and slope frequency must primarily be considered. A skier must, in any case, ski/ride in such a controlled manner and observe the terrain so precisely that, in the event of an impending collision, they can either swerve in time or stop before the obstacle.

FIS Rule No. 3: Choice of Line

The skier and snowboarder coming from behind must choose their line in such a way that they do not endanger skiers and snowboarders ahead of them.

Skiing and snowboarding are sports of free movement, where everyone can ski/ride as they please, as long as they observe the rules, respect the space of others, and consider their own ability and the respective situation. The skier or snowboarder ahead has priority. Anyone skiing/riding behind another must maintain sufficient distance to allow the person ahead enough space for all their movements.

Generally, the leading skier moving in the general direction of travel has priority over the following skier. The leading skier is generally not required to look behind/uphill, even if they are skiing in wide turns and might cross the line of a potentially faster following skier.

FIS Rule No. 4: Overtaking

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

The obligation of the overtaking skier or snowboarder remains throughout the entire overtaking process, so that the overtaken skier or snowboarder does not get into difficulties. This also applies to passing a stationary skier or snowboarder.

Both when overtaking and when passing or skiing/riding alongside, a sufficient safety distance must be maintained from the other skier. The specific extent of the required safety distance depends on the slope conditions, visibility, slope frequency, as well as the skill level and speed of the involved skiers. Generally, a distance of 2 to 3 meters is sufficient.

FIS Rule No. 5: Entering, Starting, and Skiing/Riding Uphill

Every skier and snowboarder who wants to enter a slope, start again after a stop, or swing or ski/ride uphill, must ensure, by looking up and down, that they can do so without endangering themselves or others.

Experience shows that entering a slope and restarting after a stop occasionally lead to accidents. It is therefore absolutely necessary for a skier or snowboarder who is starting to merge smoothly and without danger to themselves or others into the general flow of traffic on the slope. Once they are moving – even if slowly – they regain priority over faster skiers and snowboarders coming from behind or above, according to Rule 3.

The development of carving skis and snowboards allows their users to execute their turns and curves even uphill. They thus move against the general downhill flow of traffic and are accordingly obliged to ensure, by looking uphill in time, that they can do so without endangering themselves or others.

Skiers entering a slope or starting from a standstill have lower priority than skiers already in motion. They are obliged to check for danger uphill.

After a period of approximately 4 seconds following entry or start, the priority rule according to FIS Rule 3 applies again.

It should be noted that a skier entering a slope intersection or junction from another slope, rather than from open terrain, does not fall within the scope of FIS Rule 5 and therefore generally does not have lower priority.

FIS Rule No. 6: Stopping

Every skier and snowboarder must avoid stopping unnecessarily in narrow or obscured sections of a slope. A fallen skier or snowboarder must clear such a spot as quickly as possible.

Except on wide slopes, skiers and snowboarders should only stop and remain at the edge of the slope. Narrow passages and obscured sections must be kept completely clear.

FIS Rule No. 7: Ascending and Descending

A skier or snowboarder who is ascending or descending on foot must use the edge of the slope.

Movements against the general flow of traffic represent unexpected obstacles for skiers and snowboarders. Footprints damage the slope and can thereby endanger skiers and snowboarders.

For ski tourers, the ascent rule applies only to a limited extent.

FIS Rule No. 8: Observing Signs

Every skier and snowboarder must observe the markings and signage.

Slopes are marked black, red, blue, or green according to their difficulty level. Skiers and snowboarders are free to choose slopes corresponding to their preferences. Slopes are marked with information, danger, and closure signs. If a slope is designated as closed or restricted, this must be observed just as strictly as warnings about dangers. Skiers and snowboarders should be aware that these precautions are taken in their interest.

FIS Rule No. 9: Rendering Aid

In the event of accidents, every skier and snowboarder is obliged to render aid.

Rendering aid, regardless of a legal obligation, is a matter of sporting fairness. This means providing first aid, alerting emergency services, and securing the accident site. The FIS expects that hit-and-run incidents will be punished just as in road traffic, even in countries where such conduct is not already subject to criminal prosecution.

FIS Rule No. 10: Obligation to Identify

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

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International Significance of the FIS Rules

The FIS Rules are recognized worldwide as a standard for duties of care in alpine winter sports. They also have legal significance outside of Austria:

• Germany: Case law regularly applies the FIS Rules as a benchmark. They are treated comparably to road traffic regulations, especially in rear-end collisions.
• Switzerland: Although not legally codified, the rules are firmly established in judicial practice.
• Italy (South Tyrol): Here, the FIS Rules have been largely adopted and legally secured by regional law.
• France: In some cases, the rules are even made binding by municipal ordinances.
• Spain: Spanish courts also use the FIS Rules as guidance for general duties of care.

International recognition ensures legal certainty in cross-border winter sports – also within the framework of the Rome II Regulation, which determines the applicable law in international compensation cases.

In-depth Analysis of the FIS Rules

Witness testimony is of great importance for the civil and criminal assessment of an accident. Every responsible skier and snowboarder must therefore fulfill their civic and moral duty to make themselves available as a witness. Reports from emergency services and the police, as well as photos, also serve to assess liability issues.

The FIS Rules are not merely general recommendations for sportsmanlike conduct but have very concrete legal relevance. They are regularly used by courts as a benchmark to determine whether a skier or snowboarder has acted negligently.

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Typical Accident Scenarios

• Rear-end collisions: According to the consistent case law of the Supreme Court (OGH), there is prima facie evidence of fault on the part of the person coming from behind if they collide with the person ahead. Here, a violation of FIS Rule No. 3 (“Choice of line”) is usually assumed.
• Entering the slope: In accidents at junctions or after restarting, the person entering has a particularly high duty of care according to FIS Rule No. 5.
• Collisions in intersection areas: Here, an increased duty to reduce speed applies. Anyone who skis/rides fast despite poor visibility violates FIS Rule No. 2.
• Falls in obscured areas: If a fallen person remains lying in the middle of a crest or narrow passage, there is a clear violation of FIS Rule No. 6.

Apportionment of Liability

• Sole fault: If there is a clear violation of the rules, the party causing the accident bears full liability.
• Contributory negligence: In cases of mutual violations (e.g., overtaking without sufficient distance vs. uncontrolled swerving), liability is apportioned.
• Children and beginners: Beginners must also observe the FIS Rules. However, case law considers age and ability when attributing fault.

Burden of Proof and Witnesses

• According to § 1298 ABGB, the injured party must first prove that damage has occurred and that it is attributable to the opponent’s conduct. If causation is established, the burden of proof shifts to the tortfeasor to demonstrate that they are not at fault.
• FIS Rule No. 10 (“Obligation to Identify”) serves here as evidence preservation: Anyone who leaves the accident scene complicates reconstruction and risks additional criminal consequences.
• Witness statements, photos, or police reports are often crucial for proving compliance with or violation of the rules.

Your Benefits with Legal Assistance

Although the FIS Rules are not laws, they nevertheless constitute a significant standard for liability in ski and snowboard accidents. Their observance is presumed by courts, and their violation can lead to criminal responsibility as well as liability for damages.

With legal assistance, you benefit from:

• Enforcement of compensation claims if you were injured in a ski or snowboard accident.
• Defense against unjustified claims if you are accused of misconduct.
• Thorough analysis of the specific accident scenario, considering the FIS Rules, the case law of the Supreme Court (OGH), and the Rome II Regulation.
• Strong legal representation before insurance companies and courts to effectively enforce your rights.

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Frequently Asked Questions – FAQ

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