Facts
K. exceeded the signaled speed limit of 50 km/h by 16 km/h on the municipal territory of Rudolfstetten on June 29, 2000. Due to this incident, K. was fined by the District Office of Bremgarten through a penal order. The District Court of Bremgarten found him guilty of a simple traffic violation by disregarding the speed limit within the town and penalized him with a fine. The High Court of the Canton of Aargau dismissed the convicted person's appeal.
K. filed a federal nullity appeal with the request to set aside the contested judgment and to remand the case to the lower instance for his acquittal.
Considerations
The Federal Court upholds the appeal. The signage in question indicating the speed limit of 50 km/h in Rudolfstetten does not meet the federal legal requirements, neither individually nor collectively.
The signal installed on the right side is clearly located outside the distances to the edge of the road still permitted under Art. 103 para. 4 of the Road Traffic Regulations and can therefore not obligate road users. The signal installed on the left side also does not comply with the legal requirements, as there is no compelling…