Driving a moped with a qualified alcohol level, without authorization, without registration plates, without liability insurance coverage, and abusive use of plates

Facts

By judgment of November 20, 2018, the Police Court of the East Vaud District acquitted X. of certain offenses and sentenced him to a fine. The Public Prosecutor's Office appealed, and the Criminal Court of Appeal of the Cantonal Court of the Canton of Vaud found X. guilty of driving with a qualified alcohol level, driving a vehicle without authorization, driving without a registration certificate or registration plates, and without civil liability insurance, as well as abusive use of a permit or registration plates. X. filed a criminal appeal with the Federal Tribunal against this judgment.

Considerations

The Federal Tribunal partially upheld the appeal. It considered that mopeds cannot be equated without reservation to motor-less vehicles and that the driver of a moped with a qualified alcohol level must be apprehended as the driver of a motor vehicle, in application of Art. 91 para. 2 let. a LCR. Regarding driving without registration plates and without civil liability insurance, the Federal Tribunal ruled that these offenses constitute contraventions governed by Art. 145 no. 3 and 4 OAC, which takes precedence over Art. 96 para. 1…