Facts
On June 27, 2009, X. was driving a taxi in Lucerne when he stopped at a red light. During the stop, he unbuckled his seatbelt to take a business card from a drawer under the passenger seat. When the light turned green, he rebuckled his seatbelt and continued driving. He was then stopped by the police and received a fine for not wearing a seatbelt.
The court of first instance fined X. 60 francs for violating Article 3a of the Road Traffic Ordinance (TRegO). The court of appeal dismissed his appeal, and X. filed a criminal appeal with the Federal Court.
Considerations
The Federal Court examined the interpretation of Article 3a of the TRegO, which requires drivers and passengers to wear a seatbelt while driving. The court considered that the expression « while driving » means that the vehicle is in motion or stopped, but still in traffic.
The court also examined the exceptions provided for in Article 3a of the TRegO, which do not apply in X.'s case. It concluded that wearing a seatbelt is mandatory, even when stopped at a red light, because the safety of the vehicle's occupants is always at stake.
The court also…