Questione giuridica chiave
Whether carrying a second person seated sideways on a motorcycle violates the motor vehicle traffic regulations.
Decisione estratta
A motorcycle passenger must use the provided seat, handhold, and footrests in the manner intended by the regulations; a sideways seat does not comply.
Motivazione estratta
Arts. 20 and 56 MFV aim at traffic safety. Because the motorcycle is approved for two persons only with the prescribed equipment, the passenger must sit astride in the direction of travel or at least adopt a posture allowing immediate safe use of the fittings. A sideways position is not such use, regardless of whether it may seem equally safe in a concrete case.