Overtaking a line of vehicles by a motorcyclist

Facts

A. was driving his car in a slow-moving line of vehicles on the main road A5 towards Biel. At the level of Tüscherz-Alfermée, he steered the wheels to the left to turn around, without having previously aligned himself against the center line. The motorcyclist X., driving towards Biel, overtook the line of vehicles at a speed of 60-80 km/h on the left and collided with the left rear side of A.'s passenger car.

The 1st Criminal Chamber of the High Court of the Canton of Bern convicted A. of simple negligent bodily harm pursuant to Art. 125 of the Swiss Criminal Code (StGB) to a fine of 600 Swiss francs and X. of a simple traffic violation under Art. 35 Paras. 2 and 3 as well as Art. 90 No. 1 of the Swiss Road Traffic Act (SVG) to a fine of 300 Swiss francs.

X. filed a federal nullity appeal with the request to set aside the judgment of the High Court and to remand the case for a new decision to the lower court.

Considerations

The Federal Supreme Court dismisses the appeal, insofar as it enters into it. The lower court rightly assumed that X. had violated Art. 47 Para. 2 of the Swiss Road Traffic Act (SVG) by overtaking the line of vehicles on the left, although he should have maintained his position in the…