Facts
On 16 January 1963, Mr. Willimann parked his vehicle 9.2 m from the level crossing and 1 m from the southern edge of Kreuzbuch Street in Lucerne, in order to go and buy cigarettes from a kiosk located at the corner of Felsentalstrasse and the railway line. The District Court of Lucerne-City convicted him for violation of Art. 18 para. 2 let. a to d and Art. 19 para. 2 let. e of the Road Traffic Ordinance (RTO). Mr. Willimann filed an appeal for nullity against this judgment.Considerations
According to Art. 18 para. 2 let. b RTO, it is prohibited to stop voluntarily in narrow places and next to obstacles on the roadway. However, the narrowing of Kreuzbuch Street due to the accumulation of snow on the edges was not sufficiently significant to constitute a "narrow place" within the meaning of this provision. Art. 18 para. 2 let. d RTO prohibits stopping less than 5 m before and after an intersection. However, the intersection area includes not only the part where the roadways cross, but also the funnel-shaped expansions that result from it. Mr. Willimann's vehicle was therefore still within the intersection area.
According to Art. 19 para. 1 RTO, parking means the act of parking a vehicle, and not just leaving it temporarily to pick up or drop off passengers or load or unload goods. Mr. Willimann left his vehicle to go and…