Facts
The Federal Court had to decide on a case in which the respondent had driven a motorcycle combination in a non-roadworthy condition. The Public Prosecutor's Office of the Canton of Uri had convicted the respondent of driving a non-roadworthy vehicle and imposed a fine of CHF 1,200. However, the Cantonal Court of Appeal of Uri had upheld the respondent's appeal and acquitted him.
The Public Prosecutor's Office lodged an appeal and requested that the judgment of the Cantonal Court of Appeal be set aside and the case be remanded for retrial. The appellant argued that the respondent had breached his duty of care by failing to inspect the vehicle for defects before driving.
Considerations
The Federal Court examined the appeal and came to the conclusion that the respondent had not breached his duty of care. The lower court had established that the respondent was not required to inspect the brake discs and the shock absorber mounts before each trip. The defects were not obvious and the respondent had no particular reason to be more careful.
The Federal Court relied on German case law, according to which the requirements for due care on the part of the driver of a motorcycle combination would be excessive if he had to regularly inspect the brake discs of the vehicle through the wheel hub holes without any particular reason. The lower court…