Facts
On January 14, 1997, an accident occurred on the A 1 highway in Safenwil, which required the closure of the right lane. A fixed sign with the indication "traffic jam" was installed at the entrance to the Aarau West highway, and about one kilometer before the accident site, the lane narrowing was announced by the sign "Lane announcement, lane narrowing in 1000 meters". Traffic was moving in a fluid column on the overtaking lane. Despite the signs indicating the lane narrowing, J. continued to drive on the normal lane and overtook the column on the right.
The Zofingen district court fined J. 300 francs for non-compliance with the "Lane announcement" sign and prohibited overtaking on the right on the highway. The Argovie cantonal court of appeal dismissed J.'s appeal against this decision.
Considerations
The Federal Court considered that the driver who advances on the right lane up to the point where access to it is prohibited is not guilty of overtaking on the right. Article 35 paragraph 1 of the Road Traffic Act (RTA) prohibits overtaking on the right, but this prohibition does not apply when the right lane is being closed.
The Federal Court also considered that the "Lane announcement" sign is not a prohibition on driving on the right lane, but rather an announcement of the lane closure. The driver who continues to drive on the right lane up to the…