Magistrates' Courts
| Date | 01 July 1973 |
| DOI | 10.1177/002201837303700301 |
| Published date | 01 July 1973 |
| Subject Matter | Article |
Magistrates' Courts
"DANGEROUS
CONDITION"
REG.
76(1)
OF
THE
CONSTRUCTION
AND
USE
REGULATIONS
1969
ACASE last year
at
Old
Street Magistrates'
Court
has
raised
again an interesting
and
important
point on the interpreta-
tion of
the
Construction
and
Use Regulations 1969, reg. 76(
1).
The
Defendant was charged with "using a
motor
vehicle,
the
parts
and
accessories of which, viz.
the
exhaust system, were in such
condition
that
danger
was likely to be caused to
other
persons
on the
road",
contrary
to reg. 76
(1)
and
s.64 of
the
Road
Traffic
Act 1960 (now S. 40 of
the
Road
Traffic
Act
1972).
The
vehicle in question was a rear-engined "beach-buggy"
which was so
constructed
that
the exhaust system, in
particular
the silencer, projected rearwards some twelve inches from rear
of
the
body of
the
vehicle. This, it was alleged, was dangerous
in
that
the system was
hot
to the
touch
during
or shortly
after
use,
and
would be likely to cause a
burn
to a pedestrian who
might accidently come into contact with it.
The
Stipendiary Magistrate, I. G. Maclean, Esq., having
indicated
that
in his opinion
the
silencer was 'likely to cause
danger' within the regulation, counsel for the Defendant submitted
that
the facts of the case took it outside the scope of the regulation,
the
regulation being aimed
at
the maintenance
and
the
manner
of use of a vehicle,
and
not
at
the
manner
of its construction.
This
argument has been raised at least once before,
[(1957)
Cr.
L.R.
at p.
562].
In
that
case the Stipendiary Magistrate sitting
at
Huddersfield held
that
a
manufacturer's
fitting on
the
top
of
the
bonnet of a
car
was
not
within
the
corresponding provision
of the 1955 regulations.
This
limited construction of Regulation
76(1) should, it was submitted, be adopted for
the
following
reasons. First, the 1969 regulations
are
divided into several Parts.
Part
II
is entitled "Regulations governing the Construction, Weight
and
Equipment
of
Motor
Vehicles
and
Trailers",
and
contains
numerous regulations concerning the
manner
of construction of
motor
vehicles.
Part
III,
however, in which reg. 76
(1)
is contained,
is headed "Regulations Governing the Use on Roads of
Motor
153
To continue reading
Request your trial