Facts
On 13 February 1968, Peter Huber was driving on highway N 3 from Horgen to Zurich when he overtook a vehicle driven by Jakob Siegwart, who was attempting to overtake a truck. Huber overtook Siegwart on the right, which led to a criminal procedure against him for serious violation of road traffic rules. The cantonal courts acquitted Huber, but the Public Prosecutor's Office of the Canton of Zurich lodged a nullity appeal with the Federal Court.
The facts of the case are as follows: Huber followed Siegwart, who attempted to overtake a truck, and overtook Siegwart on the right when the latter did not clear the left lane. Siegwart filed a complaint against Huber, alleging that he had overtaken on the right in a dangerous manner. The cantonal courts considered that Huber had not committed an offense, as he had not overtaken Siegwart on the left, but had simply overtaken him on the right.
Considerations
The Federal Court considered that overtaking on the right on highways is prohibited, except in cases where the driver in front clears the left lane. The Court estimated that the decision of the cantonal courts was incorrect, as it did not take into account the applicable road traffic regulations on highways.
The Federal Court recalled that the rules of road traffic are based on the principles of safety and prudence, and that overtaking on the right on highways is prohibited to avoid accidents. The Court also considered that the decision of the cantonal courts was contrary to the applicable road traffic regulations and the principles of road safety.
The Federal Court therefore annulled the decision of the cantonal courts and…