Facts
On 6 December 1987, a collision with material damage occurred at the intersection of Jungfraustrasse, Stockhornstrasse, and Pestalozzistrasse in Thoune, which was designed as a roundabout. The roads accessing it were marked with the sign 'Yield' and the supplementary plate 'Priority to roundabout users'. A driver, A, approached the roundabout from Pestalozzistrasse and stopped at the stop line, while another driver, B, entered the roundabout from Jungfraustrasse without stopping. The two vehicles collided inside the roundabout.
The president of the district court of Thoune convicted B for disregarding the signalled right of way. The court of appeal of the canton of Berne dismissed B's appeal. B then filed a nullity appeal with the Federal Court.
Considerations
The Federal Court examined the issue of priority at a roundabout. It considered that the 'Yield' sign combined with the supplementary plate 'Priority to roundabout users' means that priority from the left must be respected. The Federal Court also considered that the new regulations, which came into force on 1 May 1989, do not apply to the present case, but that the decision taken would be the same under the new regulations.
The Federal Court recalled that a roundabout is a particular form of junction and that the 'Yield' sign with the supplementary plate 'Priority to roundabout users' means that vehicles entering the roundabout must yield to vehicles already…