Facts
On October 1, 1979, the driver [S.] was operating a trolleybus of the STJ Thun from Hilterfingen to Oberhofen. At the "Rider" turnaround, he crossed the street to the left to stop the bus in the direction of Thun. At that time, the disabled Sch. and his wife were slowly moving between the traffic island and the stopped bus towards the sidewalk. After [S.] allowed passengers to board and issued tickets, he looked to the left and drove off. At that moment, the Sch. couple was directly in front of the front of the bus, with Mrs. Sch. able to reach the curb, while her husband was hit and injured by the vehicle.
The High Court of the Canton of Bern convicted [S.] of violating Art. 36 para. 4 SVG and Art. 17 para. 1 VRV and imposed a fine of 100 francs.
Considerations
According to the considerations of the Federal Court, the traffic regulations also applied to the "Rider" turnaround, as it was a public road. [S.] had to make sure before leaving the bus stop that he did not endanger children or other users of the area.
According to the binding findings of the lower court, the Sch. couple was in the blind spot of the trolleybus at the moment of departure. Although [S.] had previously seen the two people, he could not simply…