Facts
[B.], a member of the Sikh religion, was convicted by the single judge in criminal matters of the district of Zurich for disregarding a red light and not wearing a protective helmet. He then filed a cantonal nullity appeal only against the punishment for not wearing the protective helmet. The High Court of the Canton of Zurich dismissed this appeal.
[B.] then filed a federal nullity appeal with the Federal Supreme Court, requesting the annulment of the contested decision. He claimed that the helmet wearing requirement violated his freedom of religion and conscience as a Sikh.
Considerations
The Federal Supreme Court stated that in the procedure of the federal nullity appeal, it can review ordinances of the Federal Council for their legality and constitutionality if the criminal conviction is based on such an ordinance.
The Court found that the provision in Art. 3b para. 3 VRV, which prescribes the helmet wearing requirement for moped riders, is based on a sufficient legal basis in Art. 57 para. 5 lit. b SVG and is within the scope of the delegation norm.
Regarding the freedom of religion and conscience under Art. 49 BV and Art. 9 ECHR, the Federal Supreme Court concluded that the helmet wearing requirement does not impair the…