Liability for Vehicle Lighting Offences
| Published date | 01 October 1955 |
| Date | 01 October 1955 |
| DOI | http://doi.org/10.1177/002201835501900410 |
| Subject Matter | Article |
Liability
for
Vehicle Lighting
Offences
IT is proposed to consider in this article the extent of
criminal liability arising
under
the
Road
Transport
Lighting Acts, 1927 to 1953. These Acts seem, so far as
the
law reports are concerned, to be virgin soil, if one may use
such aterm in relation to
the
decisions of
Her
Majesty's
Judges, for not one criminal case
upon
them
has been reported
save in respect of
the
definition, in s. 15 of the 1927 Act, of
the
term
"road".
The
relevant provisions are found in ss. Iand 10 of
the
Road
Transport
Lighting Act, 1927, and s. Iof
the
Road
Transport
Lighting Act, 1953. By s. Iof the 1927 Act:
"
...
every vehicle on any road shall during the hours of
darkness carry: (a) two lamps, each showing to the front
awhite light visible from a reasonable distance; one lamp
showing to
the
rear ared light visible from a reasonable
distance; and every such lamp shall, while
the
vehicle is
on any road during such hours as aforesaid, be kept
properly trimmed, lighted, and in a clean and efficient
condition, and shall be attached to the vehicle in such
position and manner as
the
Minister may by regulation
prescribe. It shall be the duty of any person who causes
or permits a vehicle to be on any road during the hours
of darkness to provide the vehicle with lamps in accord-
ance with
the
requirements of this Act
and
of any
regulations made thereunder."
Sec. Iof the 1953 Act is in like terms as to reflectors and by
s. 7 of
that
Act it is construed as one with the Road
Transport
Lighting Acts, 1927 and 1945; this means
that
any exemption
given, or liability imposed by s. 10 of
the
1927 Act applies in
relation to offences as to reflectors as well as to lamps. Sec. 10
of
the
1927 Act now reads:
"
If
any person causes or permits any vehicle to be on
any road in contravention of any of the provisions of this
Act or of regulations made thereunder, or otherwise
359
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