Failure to yield right of way when exiting a sidewalk

Facts

[M.] is accused of having exited Grundstrasse in Zurich onto a sidewalk to enter Freihofstrasse without yielding the right of way to a vehicle circulating on the latter street, which resulted in a collision. She was convicted by the municipal police court of Zurich, and then by the district court of Zurich, for violation of Art. 90 para. 1 RTA in connection with Art. 36 para. 4 RTA and Art. 15 para. 3 TRegO. Her appeal for nullity was rejected by the High Court of the Canton of Zurich.

Considerations

The Federal Court considers that the raised surface connecting Grundstrasse to Freihofstrasse must be assimilated to a sidewalk within the meaning of Art. 15 para. 3 TRegO, as it has the outward appearance of one. Accordingly, [M.] was required to yield the right of way to users of Freihofstrasse, which is a through…