Facts
X. had parked his vehicle improperly in a disabled parking space in a town in the canton of Vaud. He was issued a summary fine of 120 francs, with the option to pay it immediately or within 30 days using the enclosed postal payment slip. Within this deadline, X. paid the 120-franc fine using 107 postal payment slips, most of which were for one franc. Each postal payment incurred a fee of 1.20 francs charged to the municipality, totaling 128.40 francs.
The municipality then imposed on X. a fine of 150 francs plus 30 francs in costs, to which postal fees were added. X. appealed this decision to the District Police Court, which sentenced him to a fine of 150 francs and 30 francs in costs, plus 128.40 francs in postal fees, less the 120 francs already paid.
X. filed a nullity appeal with the Federal Tribunal, arguing a violation of the Federal Act on Summary Fines (LAO) and requesting the annulment of the District Police Court's judgment.
Considerations
The Federal Tribunal first examined the admissibility of the nullity appeal. It considered that, although the municipal decision had been rendered by an administrative authority, it did not have a provisional character within the meaning of the case law. As the District Police Court had ruled in the cantonal second instance, the nullity appeal was therefore admissible.
On the merits, the Federal Tribunal held that the payment of the summary fine by means of 107 postal payment slips, resulting in high postal fees, was contrary to the purpose of the LAO, which aims to simplify the procedure and…