Facts
On 15 January 1987 at 3:00 pm, S. drove his private vehicle on Obergasse street in Winterthur, marked by a no-traffic sign for cars, motorcycles and mopeds with the supplementary sign "Loading and unloading authorized". He parked his vehicle in front of number 10, transported an acoustic speaker of approximately 20 kg and 30 l in volume to a nearby store, and then left his vehicle in the prohibited zone for about 30 more minutes before leaving. The single judge of the District Criminal Court of Winterthur fined S. CHF 80 on 15 June 1987 for violation of road traffic regulations under Art. 90 para. 1 RTA in conjunction with Art. 27 para. 1 RTA and Art. 19 para. 2 RSO. The First Criminal Chamber of the Cantonal Court of Zurich dismissed the nullity appeal filed by the convicted person on 4 May 1988.Considerations
The Federal Tribunal considers that driving on Obergasse street to load or unload was authorized, even if the applicant intended to leave his vehicle parked for some time after delivering the acoustic speaker. His intentions and motives are not relevant to qualify the offence. The reprehensible act is the parking of the vehicle after loading, which does not constitute a violation of the no-traffic exemption, but a violation of the parking regulations.
Although this violation of a prohibited parking resulting from the no-traffic sign and the supplementary sign is not expressly provided for in the list of fixed penalties, the Federal Tribunal considers that it is justified, for reasons…