Facts
On 26 March 1966, Gassmann was driving a vehicle on Baslerstrasse in Trimbach in the direction of Olten. He indicated his intention to turn left by operating his turn signal 300 meters before the intersection and began to move to the left. When he arrived near the intersection, he crossed the line of direction and collided with a vehicle coming in the opposite direction, driven by Lämmli.
The court of first instance convicted Gassmann for infringement of Article 34, paragraph 1, of the Road Traffic Act (RTA) and Article 13, paragraph 2, of the Road Traffic Ordinance (TRegO), as well as Lämmli for infringement of Article 26, paragraph 2, of the RTA.
The defendants filed an appeal, which was dismissed by the cantonal court. Gassmann then filed a appeal for annulment against the decision of the cantonal court.
Considerations
The Federal Court examined the admissibility of Gassmann's appeal for annulment. It considered that the private prosecutor is not entitled to appeal for annulment against a decision of the higher cantonal court when the public prosecutor could have intervened before this court.
The Federal Court also examined the interpretation of Article 13, paragraph 2, of the TRegO, which concerns traffic rules for vehicles turning left. It considered that this provision is not applicable to roads with a line of direction and that the…