Decision on Parking Near an Intersection

Facts

The Municipality of Thalwil fined [H.] for parking his vehicle less than 5 metres from the intersection of Asyl Street and Aubrig Street in Thalwil, in violation of Art. 37 para. 2 RTA and Art. 18 para. 2 let. d and Art. 19 para. 2 let. a TRegO. The court of first instance acquitted [H.], and the Municipality appealed to the SCC.

Considerations

The SCC ruled that H.'s parking of the vehicle less than 5 metres from the intersection, but outside the intersection surface itself, constituted a violation of Art. 18 para. 2 let. d TRegO in conjunction with Art. 19 para. 2 let. a TRegO. Indeed, this parking prohibition applies not only to the intersection surface, but also to the closed part of the intersection (the T-bar) and a zone of 5 metres on either side of this surface.

Although Art. 37 para. 2 RTA, which prohibits parking when it may impede or endanger traffic, is also applicable in this case, this is not an ideal concurrence of norms but an imperfect competition, as Art.…