Facts
On 30 October 1997, the president of the district court of Dorneck-Thierstein sentenced B. to a fine of 150 francs for lack of prudence when turning left. B. filed a nullity appeal against this decision, which was rejected by the cantonal court of Solothurn on 2 September 1998. B. then filed a nullity appeal with the Federal Court.
The facts are as follows: B. turned left on the main road of Hochwald, while a cyclist was behind him. The cyclist attempted to overtake B. on the left, but collided with his vehicle. The cantonal court found that B. had not taken sufficient precautions to avoid the accident.
Considerations
The Federal Court examined the question of whether B. had respected the rules of the road when turning left. Article 34, paragraph 3, of the Federal Law on Road Traffic (RTA) requires the driver who wants to change direction to take into account the vehicles that follow him.
However, the Federal Court found that the driver who turns left and has correctly signaled his intention to turn can generally rely on the fact that other road users will respect the rules of the road and will not overtake him illicitly on the left. The Federal Court also recalled that the principle of trust is an important element of road traffic, and that road users must be able to rely on the fact that other users will respect the rules of the road.
In this case, the Federal Court found that B. had respected the rules of the road and had correctly signaled his intention to turn left. The cyclist, on the other hand, had attempted to overtake B. on the left, which is…