Facts
The case concerns X., who was driving on the A1-Ost Autobahn on March 23, 2014. He changed from the second overtaking lane (left lane) to the middle lane (first overtaking lane) and subsequently to the normal lane (right lane). He drove without accelerating at a speed of approximately 90 km/h, passing two vehicles on the right as they slightly reduced their speed. There was moderate, but not heavy, traffic on the right lane he was driving on. No other vehicle was immediately in front of him. The Cantonal Court of Bern convicted X. of a serious traffic violation and imposed a fine and a penalty payment. X. is appealing the criminal case and requests the annulment of the judgment and acquittal of the serious traffic violation.
Considerations
The criminal law division and the I. public law division of the Federal Court have conducted an exchange of views according to Art. 23 para. 2 FSCA to clarify the scope of Art. 90 para. 2 RTA in conjunction with Art. 35 para. 1 RTA, Art. 8 para. 3 sentence 1 and 36 para. 5 lit. a of the Traffic Regulations Ordinance. The distinction between prohibited overtaking on the right and permitted driving on the right was confirmed. The definition of platoon traffic was clarified: Platoon traffic is to be determined based on the specific traffic situation and affirmed if there is such a traffic congestion on the (left and/or middle) overtaking lane that the speeds driven on the overtaking and normal lanes are approximately equal. The (passive) passing on the right in dense traffic does not generally…