Decision of the self-employed taxi driver on the use of the tachograph

Facts

[C.] is a self-employed taxi driver in Zurich. The Police Magistrate's Office of the City of Zurich fined him because from January 1, 1979 to February 10, 1979, he had only operated the tachograph during taxi rides, not during private trips. Additionally, he had not observed the prescribed rest period of at least half an hour after every five and a half hours of work on three days.

The single judge in criminal matters of the District Court of Zurich acquitted [C.] of the charge of violating Art. 3 para. 4 VRV (operation of the tachograph). The High Court of the Canton of Zurich dismissed the cantonal nullity appeal of the Police Magistrate's Office against this judgment.

The Police Magistrate's Office now brings a federal nullity appeal with the request to also convict [C.] of violating Art. 3 para. 4 VRV.

Considerations

The Federal Supreme Court decides that the self-employed taxi driver is not obliged to operate the tachograph during private trips with his taxi, neither based on Art. 3 para. 4 VRV nor on the provisions of the Chauffeur Ordinance.

Art. 3 para. 4 VRV aims to facilitate accident investigation. However, this provision only obliges the drivers of the vehicles mentioned in Art. 33 para. 3 lit. a and b BAV (heavy motor vehicles, etc.) to operate the tachograph on all trips, as the installation of a tachograph is prescribed for these vehicles due to their nature. For taxis used for commercial passenger transport, no such obligation arises from Art. 3 para. 4 VRV.

Nor can an obligation for the self-employed taxi driver to operate the tachograph during private trips be…