Facts
The case concerns Wullschleger, an employee of a wood company, who ordered the transport of 25-30 cubic meters of tannen wood without checking the actual weight of the wood. The truck driver was informed that the wood weighed about 500 kg per cubic meter, whereas the actual weight was about 700 kg per cubic meter. During a police check, it was found that the truck and its trailer were overloaded. Wullschleger was convicted of violating Article 11 of the Ordinance on Dangerous Goods (MFV) and was fined 40 francs.
Wullschleger filed a nullity appeal, arguing that Article 58 of the Federal Law on Dangerous Goods (MFG) only applied to the vehicle driver and that, as the person giving the order, he could not be held liable for the overloading.
Considerations
The Federal Court examined the question of whether Wullschleger could be held liable for the overloading of the vehicle. It considered that Article 96, ch. 1, al. 3, of the Road Traffic Act (RTA) was applicable, which punishes anyone who contravenes the regulations relating to the permissible total weight of a vehicle.
The Court also considered that Wullschleger had acted negligently by not checking the actual weight of the wood and by informing the truck driver of an incorrect weight. It estimated that Wullschleger, as the person giving the order, had the obligation to provide accurate information about the weight of the wood and that he had…