Facts
On 2 June 1999, [S.] was driving on the A 1 motorway, direction Berne, with his personal vehicle "Porsche 911". He overtook two vehicles on the right, although the late afternoon traffic was dense. The Baden district court fined him 400 Swiss francs for overtaking on the right on a motorway. [S.] appealed, but the cantonal court dismissed his appeal and confirmed the conviction. [S.] then filed a nullity appeal with the Federal Court.
The facts of the case are as follows: [S.] drove on the overtaking lane, slowed down to let another vehicle pass, then overtook two vehicles on the right and returned to the overtaking lane. The cantonal court considered that [S.] had committed an overtaking on the right on a motorway, which constitutes a serious violation of a traffic rule.
Considerations
The Federal Court examined the question of whether overtaking on the right on a motorway can be considered a serious violation of a traffic rule. The court considered that overtaking on the right on a motorway is prohibited, except in cases where overtaking is authorized by law. In this case, [S.] had overtaken two vehicles on the right, which constitutes a violation of the prohibition of overtaking on the right on a motorway.
The court also examined the question of whether [S.] had acted with eventual intent. The court considered that [S.] was aware of the risk of collision and had nonetheless decided to overtake the two vehicles on…