Questão jurídica principal
Whether a vehicle without fuel is non-betriebssicher under Art. 93 para. 2 SVG and Art. 29 SVG.
Decisão extraída
Yes. Lack of fuel can impair roadworthiness and traffic safety; the offence is made out even though the defect is not a technical one in the narrow sense.
Fundamentação extraída
The court held that roadworthiness/traffic safety is broader than purely technical defects. Sufficient fuel is part of vehicle maintenance and is necessary to comply with traffic rules and avoid endangering others. The cause of the defect is irrelevant; what matters is that the driver knew or should have known.