Facts
K. was stopped by the police on February 18, 1993 in Baden while driving his passenger car, as he was using a telephone and not wearing a seatbelt. By penal order of the Baden District Office dated March 1, 1993, K. was found guilty of insufficient attention in road traffic and not wearing a seatbelt, and was fined CHF 60.-.
The Baden District Court acquitted K. of the charge of insufficient attention in its judgment of April 29, 1993, and fined him CHF 20.- for not wearing a seatbelt. The Public Prosecutor's Office of the Canton of Aargau then filed a federal nullity appeal against this judgment.
Considerations
The Federal Court states that according to Art. 31 para. 1 RTA, the driver must have full control of his vehicle at all times in order to fulfill his duty of care. Art. 3 para. 1 TRO specifies this by prohibiting the performance of activities while driving that impede the operation of the vehicle.
Using a telephone while driving, where the driver holds the handset for longer than a brief moment with his hand or wedges it between his head and shoulder, impedes the performance of the actions essential for fulfilling the duty of care, such as operating the turn signal or quickly steering the vehicle. Therefore, such telephone use…