Decision of the driver not to give priority to an emergency vehicle

Facts

Rudolf Byland was driving his Renault car in the Seilergraben in Zurich towards the city centre. When he turned left onto the Predigerplatz, the car of Georg Hefti, which was coming from the Chorgasse, appeared on the right. Both drivers braked completely, but a collision occurred with significant material damage. The municipal police judge of the city of Zurich fined Byland for not having given priority in accordance with Art. 36 para. 2 RTA, 14 para. 1 TRegO and 90 no. 1 RTA. The District Court of Zurich upheld the fine. Byland appealed for nullity, which was rejected by the 1st Criminal Chamber of the Cantonal Court.

Considerations

The Federal Tribunal considers that the appellant's vehicle stopped outside the priority zone. According to the police findings, the collision occurred about 20 cm before the beginning of this zone. The appellant was still driving at a considerable speed at the time of the impact and failed to stop before the waiting line. Even if he had braked, the…