Facts
On June 21, 1978 at 06:50 a.m., [F.] was driving his passenger car in reverse out of a private parking lot in Winterthur to enter the adjacent road. Due to a foliage hedge that obstructed the view to the left, [F.] only saw the approaching vehicle of [G.] and was able to stop his vehicle when its rear was approximately 1.5 m into the road. [G.] was driving on the left side of the road, as cars were parked on the right side of the road and an oncoming moped rider was crossing the road diagonally. [G.] initiated full braking but was unable to prevent a collision with F.'s vehicle.
The Police Department of the City of Winterthur fined both [G.] for failure to adjust speed and [F.] for disregarding the right of way (Art. 36 para. 4 RTA and Art. 15 para. 3 TRO) with CHF 40.-- each. Upon F.'s objection, the single judge in criminal matters of the District of Winterthur confirmed the fine. The High Court of the Canton of Zurich dismissed the cantonal nullity appeal filed by F.
Considerations
The Federal Supreme Court dismissed F.'s federal nullity appeal. It stated that the driver who, when exiting a parking lot, wants to enter the traffic flow, must yield the right of way to all vehicles traveling on the road, whether they are coming from the right or the left, according to Art. 36 para. 4 RTA. [F.] had violated the duty of care owed to those with the right of way by carrying out the reversing maneuver despite the known poor visibility conditions and consciously accepting…