Facts

The appellant [X.] was found guilty by the High Court of the Canton of Zurich on 3 February 2011 of a serious violation of traffic regulations by overtaking on the right on the A3 motorway. On 11 June 2009 at around 07:15, he had overtaken a police vehicle coming from Zurich-Brunau on the right and then changed to the middle lane used by the police vehicle. The Federal Court dismissed his appeal against this judgment.

Considerations

In its reasoning, the Federal Court stated that according to the arbitrary-free findings of the lower court, there were no dense, uniformly moving rows of vehicles on the two lanes, i.e. no parallel column traffic, despite the heavy morning traffic. Therefore, the appellant's overtaking on the right was not permitted under the general overtaking rules. The prohibition of overtaking on the right on the motorway serves traffic safety and constitutes an objectively serious violation of…