Decision on the Violation of Traffic Rules and Parking in a No-Entry Street

Facts

X. parked his vehicle on 29 January 1999, from 9:30 pm to 9:45 pm, in the Lindenhofstrasse in Zurich. This street is marked by the sign "No Entry for Automobiles, Motorcycles and Mopeds" (sign no. 2.14 of Annex 2 of the Ordinance on Road Signs). A supplementary plate indicates "Except for Loading/Unloading or Boarding/Alighting from 5 am to 8 pm. Permanently Authorized for Taxis and with Written Permit". X. did not meet any of these exceptions. He therefore violated the prohibition on driving and parking in this street. The cantonal authorities convicted him for violation of traffic rules within the meaning of Art. 90 para. 1 RTA, in conjunction with Arts. 27 para. 1 RTA, 19 para. 2 let. a TRegO, 30 para. 1 RSO and 19 para. 1 let. a RSO, to a fine of 220 francs.

Considerations

The Federal Tribunal dismisses the nullity appeal. It considers that the parking of X.'s vehicle in the Lindenhofstrasse violated the parking prohibition resulting from the no-entry sign and the supplementary plate. Although X. also violated the driving prohibition, the parking constitutes a separate offence that can be sanctioned separately. The fact that the "No Parking" sign is not posted on the premises does not change anything, as the parking prohibition stems from the no-entry sign and the supplementary plate. The Federal Tribunal considers that this solution is in line with its previous case law (ATF 114 IV 50).

The Federal…