Facts
On September 14, 1995 at 8:10 a.m., B. was cycling towards the municipal intersection in Therwil. When she was approximately five meters from the traffic light, the signal changed from green to yellow. Although B. could have easily stopped during the yellow phase, she continued to accelerate to a speed of 10 to 10.8 km/h and disregarded the yellow light. While turning left at the intersection, a collision occurred with a passenger car, the driver of which had correctly started to move slowly after the signal changed to green for her.
By penal order dated April 16, 1996, B. was convicted of a serious violation of traffic regulations and fined CHF 600. On July 5, 1996, the Criminal Court of the Canton of Basel-Landschaft convicted B. of a simple violation of traffic regulations and fined her CHF 150. The Public Prosecutor's Office filed a federal nullity appeal, requesting that B. be convicted of a serious violation of traffic regulations under Art. 90 para. 2 of the Swiss Road Traffic Act (SVG).
Considerations
The Federal Court concluded that B.'s misconduct had created an increased abstract danger to other road users. Although B. had the possibility to stop during the yellow phase, she continued to accelerate in order to cross the intersection before the signal turned red. She mistakenly assumed that she could pass through the intersection without creating a hazard.
The Federal Court stated that observing traffic signals, particularly the yellow light, is one of the most fundamental duties of a vehicle driver. A yellow light, which requires stopping at the traffic light if possible, is one of…