Facts
The case concerns a traffic accident that occurred on April 19, 1975 at 6:00 PM in Zurich. The appellant X. was driving his passenger car on Gutstrasse in the direction of Birmensdorferstrasse when Y. wanted to turn right from the right-hand intersection of Fellenbergstrasse into the 10.5-meter-wide Gutstrasse. Despite Y.'s turning maneuver, X. continued his journey on the left third of the right lane, resulting in a collision.
The single judge in criminal matters of the District Court of Zurich fined X. 40 Swiss francs for violating Article 14(1) of the Traffic Regulations Ordinance (VRV). The cantonal nullity appeal filed against this was dismissed by the High Court of the Canton of Zurich.
Considerations
The Federal Supreme Court upholds its previous principle that the right of way belongs to the priority vehicle not only at a specific point of the intersection, but throughout the entire intersection area of the converging roads. This principle also applies to wide roadways such as the 10.5-meter-wide Gutstrasse, regardless of whether the vehicle required to yield uses the left lane to overtake an obstacle on its right side or to change lanes in time to turn left.
The Federal Supreme Court acknowledges that an exception to the right of way on wide roadways…