Obstructive Parking on a Non-Main Road

Facts

In this case, [H.] was convicted by the District Police Court of La Chaux-de-Fonds for obstructive parking within the meaning of Art. 27 para. 1, 37 para. 2, 90 no. 1 RTA, 19 para. 2 let. g TRegO. This decision was confirmed by the Cantonal Criminal Cassation Court. [H.] then filed a nullity appeal with the Federal Tribunal, contesting the application of these legal provisions.

Considerations

The Criminal Cassation Court of the Federal Tribunal annulled the contested decision and remanded the case to the cantonal authority for a new ruling. Indeed, the facts established did not allow the application of Art. 27 para. 1 RTA, 19 para. 2 let. g TRegO and 90 no. 1 RTA.

Regarding Art. 37 para. 2 RTA, the Court considered that the mere fact of reducing traffic to a single lane on a road that is not a main road is not sufficient to make parking unlawful, insofar as there remains sufficient space to allow the passage of vehicles according to the destination of the lane and that it does not result in a risk of accident. The Court noted that Art. 19 para. 2 let. c TRegO, which prohibits parking on main…