Facts
On 12 September 1984, the cantonal police of Zug carried out operational checks on various companies. It was found that [N.], as the driver of a heavy motor vehicle, had repeatedly violated the provisions of the Ordinance on Drivers regarding the maximum weekly working time, the permitted overtime, the maximum daily driving time, breaks, daily rest time, the use of the tachograph, and the completion of the weekly work logbook. During the examination of the tachograph charts, the police also found that [N.] had repeatedly exceeded the maximum speed limit of 80 km/h for heavy motor vehicles without a trailer, sometimes reaching a maximum speed of 110 km/h according to the tachograph recordings.
Considerations
The Criminal Court of the Canton of Zug convicted [N.] of violating various provisions of the Ordinance on Drivers as well as for exceeding the maximum speed limit of 80 km/h for heavy motor vehicles. [N.] filed a nullity appeal against this decision, requesting to be acquitted of the charge of exceeding the maximum speed limit.
The Federal Tribunal considers that the cantonal authorities were entitled to initiate criminal proceedings for speeding based on the tachograph recordings made during the check on the working and rest times of professional drivers. Although the…