Questão jurídica principal
Whether Art. 49 lit. a SKV could support a sanction against a taxi driver subject to ARV 2 for failing to submit ARV control records.
Decisão extraída
No. The newly created penal provision could not serve as the basis for sanctioning drivers subject to ARV 2 in this situation.
Fundamentação extraída
The Court referred to its later decision 6B_768/2010 and held that, after the repeal of the former provision, the systematic interpretation of Art. 49 lit. a SKV excluded its use against ARV 2 drivers such as the appellant.