Facts
On 30 December 2000, X. drove at a speed exceeding the authorized limit on the A2 motorway in the direction of Berne/Lucerne. The police measured his speed using a mobile radar and found that he was driving at an average speed of over 148 km/h, whereas the maximum authorized speed on this section of road is 80 km/h. X. was fined 900 Swiss francs with a suspended sentence for serious violation of road traffic rules.
The Federal Court was seized of an appeal against the decision of the cantonal court, which had confirmed the conviction. The appellant argued that the speed limit of 80 km/h on this section of road was not justified and that the traffic signals were illegal.
Considerations
The Federal Court examined the question of whether illegal traffic signals must be respected by road users. It recalled that traffic signals must be respected insofar as they create for other road users a legal appearance worthy of protection, even if they have not been posted in a regular manner.
The Federal Court also examined the notion of the « principle of trust » in the context of road traffic. It recalled that road users must be able to rely on traffic signals and that the nullity of these signals can only be admitted in entirely exceptional cases.
In this case, the Federal Court considered that the speed limit of 80…