Facts
In this case, it involved a semi-trailer truck that had a width of 2.45 meters, thereby exceeding the permissible vehicle width. The appellants, the driver of the semi-trailer truck and two other persons, were charged by the Canton of Solothurn for violating traffic regulations.
The main allegation concerned the violation of Article 9 Paragraph 2 of the Traffic Regulations Ordinance (VRV), according to which heavy motor vehicles have priority over light ones when crossing on narrow roads is not possible. Additionally, the driver of the semi-trailer truck was accused of not knowing the exact width of his vehicle, which could constitute an offense under Article 19 Paragraph 2 of the Swiss Criminal Code (StGB).
Considerations
The Federal Court overturned the judgment of the lower court and remanded the case to the lower court for the acquittal of the appellants from the charge of violating Article 9 Paragraph 2 VRV. The court found that the findings of the lower court did not show that crossing the vehicles involved at the location in question would have been impossible or that the semi-trailer truck would have been hindered in its journey.
Regarding the allegation that the driver of the semi-trailer truck did not know the exact width of his vehicle, the Federal Court confirmed the decision of the lower court. It stated that the vehicle operator, especially the driver of an oversized motor vehicle, must know the exact width of his vehicle in order to…