Facts
In this case, Vollenweider, domiciled in the canton of Zurich, wanted to take his vehicle off the road for a few months in September 1962. He removed the vehicle registration plates and sent them to the cantonal road traffic office. The latter informed Vollenweider's civil liability insurer, the "Vaudoise Accident Insurance Fund", of the deposit of the plates. On 10 November 1962, Vollenweider drove his vehicle without registration plates, which led to a report by the police. The District Court of Dielsdorf and, on appeal, the High Court of the Canton of Zurich, found Vollenweider guilty of driving without registration plates (Art. 96 para. 1 cl. 1 RTA) and fined him 80 francs. However, they acquitted him of the charge of driving a motor vehicle while knowing or should have known that the mandatory civil liability insurance was not in force (Art. 96 para. 2 RTA).Considerations
1. According to Arts. 68 para. 3 RTA and 8 para. 1 VIO, the insurance is only suspended if the vehicle owner deposits both the registration certificate and the registration plates with the competent authority. However, the Court of Cassation considers that only the deposit of the registration plates is essential for the suspension of the insurance, as this is the only effective way to prevent the owner from using the vehicle during the suspension of the insurance. The registration certificate does not have the same importance in this respect.Furthermore, the majority of cantons only require the deposit of the registration plates and not the registration certificate to suspend the insurance. The court cannot disregard…