Facts
The complainant [V.] had parked his BMW 324 xi Touring on August 20, 2003, in Aarau on the right side of the Güterstrasse in the direction of the train station in front of the "Mega-Shop". When he initially drove backwards to subsequently leave the parking space in the direction of travel, he lightly collided with a Fiat Uno that had meanwhile driven from the train station onto the parking strip behind the BMW at a right angle. Both vehicles were slightly damaged.
The District Court of Aarau fined [V.] on September 22, 2004, for insufficient attention while reversing with CHF 200.--. An appeal by the fined person was rejected by the High Court of the Canton of Aargau on August 9, 2005.
[V.] filed a constitutional complaint and a complaint of nullity with the request to repeal the contested decision.
Considerations
The Federal Court considers that the care to be exercised by drivers reversing in road traffic law is positively defined for certain constellations. The legal basis is initially provided by Art. 36 para. 4 RTA. According to this provision, the vehicle driver who wants to reverse is preempted by other road users; he must not obstruct other road users.
The lower court considers that the complainant had initially turned to the right towards the sidewalk and then looked into the rearview mirror when he started reversing. What happened on the left side of the road was no longer noticed by him. This opinion cannot be followed, as when reversing, attention should be directed primarily backwards, because, given the direction of…