Facts
On February 14, 1991, [S.] rode a moped in Geneva without wearing a helmet. He was convicted by the Geneva Police Court for an infringement of Articles 90 para. 1 RTC and 3b OTC to a fine of 10 francs and the costs of the proceedings. The Criminal Chamber of the Court of Justice upheld this judgment.
[S.] appealed for nullity to the Federal Supreme Court's Court of Cassation, arguing that the obligation for moped riders to wear a helmet, as set out in Article 3b OTC, lacked a legal basis, violated the principle of equal treatment and the prohibition of arbitrariness.
Considerations
The Federal Supreme Court dismissed the appeal for nullity. It considered that Article 3b para. 3 OTC, which requires moped riders to wear a helmet, is based on a sufficient legal basis in Article 57 para. 5 let. b RTC, which allows the Federal Council to prescribe the wearing of helmets for drivers and passengers of two-wheeled vehicles equipped with a motor.
The Federal Supreme Court also found that the Federal Council did not make arbitrary use of this power by creating an unequal treatment between moped riders required to wear a helmet and cyclists or certain moped riders who are exempt. It considered that this distinction was reasonably justified by the fact that moped riders…