Facts
On July 2, 1979, the appellant [S.] turned right from Triemlistrasse into the street "In der Wässeri" in Zurich. On this 6.10 m wide street, parking spaces were marked along the right side of the road in the direction of travel of [S.], which were occupied at the time. As [S.] wanted to drive past the first parked car immediately after turning, there was a collision with the passenger car driven by Mrs. H., which was approaching "In der Wässeri".
On February 21, 1980, the single judge in criminal matters of the District of Zurich fined [S.] for a violation of Art. 9 para. 1 VRV. The High Court of the Canton of Zurich dismissed a cantonal nullity appeal filed by [S.] against this decision on July 31, 1980.
[S.] is now filing a federal nullity appeal with the request for acquittal.
Considerations
The Federal Court dismisses the appeal. It finds that the vehicles parked on the parking spaces on the street "In der Wässeri" constituted an "obstacle" within the meaning of Art. 9 para. 1 VRV for the appellant, which obliged him to give way to the oncoming driver.
The Federal Court follows its previous case law, according to which the term "roadway" on streets with sidewalks on both sides is to…