Conviction for Failure to Wear Seatbelt

Facts

The appellant X. was stopped by the police in Lucerne on June 27, 2009 for not wearing his seatbelt while driving. He was subsequently fined with a fixed-penalty fine, which he did not accept. As a result, he was penalized by the Lucerne District Chancellery with a fine of 60 Swiss francs for failure to wear a seatbelt. The Lucerne City District Court and the Lucerne Cantonal High Court upheld the conviction. X. filed a criminal law appeal against the decision of the Cantonal High Court to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that according to Art. 3a(1) of the Road Traffic Regulations (VRV), drivers and passengers must wear the available seatbelts while driving. The exceptions to this seatbelt requirement in Art. 3a(2) VRV do not apply in the present case. The Federal Supreme Court interpreted the term "while driving" to mean participation in road traffic. Accordingly, the seatbelt requirement also applies during brief stops, such as at a red traffic light. A restrictive…