Facts
The appellant was convicted by the Cantonal Court of Schwyz for violation of Art. 35 Para. 7 SVG, as he drove at an average speed of 130 km/h on the overtaking lane of the A3 motorway for a distance of 17 km, despite being requested by other drivers to merge into the slower lane (80-100 km/h). The appellant argued that he had no opportunity to merge without endangering other road users.
The Federal Court dismissed the appellant's nullity appeal. It found that according to the binding findings of the lower court, there was a "loose convoy" driving on the normal lane with gaps of 30-100 m, and only isolated vehicles were on the overtaking lane. Under these circumstances, the Federal Court could determine without hesitation that the appellant had repeatedly had the opportunity to merge safely into the slower convoy during the 17 km stretch.
Considerations
The Federal Court further stated that the distances to be maintained when merging depend on the speeds of the vehicles involved and the road conditions. During the day and on a dry, level road, a distance of half the speed in kilometers is generally sufficient ("half the speedometer"). The lower court had correctly applied this…