Facts
The case concerns a motorist (Ha.) who enters a priority road with the intention of leaving it immediately to reach a parking space. When manoeuvring, he realizes that the traffic conditions will force him to stop on the main road, thus obstructing the free flow of other road users.Considerations
The Federal Tribunal ruled that Ha. clearly violated the right of way of the other vehicle (Ho.) travelling on the main road. Although the traffic situation was not dense, Ha. entered the main road knowing that he would have to stop due to the oncoming vehicle, thus obstructing Ho.'s circulation. The fact that Ha. only travelled a few metres on the main road before stopping is not relevant, as he was able to see from the outset that his manoeuvre could not be carried out quickly and without obstructing Ho.
The Federal Tribunal reiterated that the right of way must be strictly…