Road Traffic Legislation
| Author | J. C. Wood |
| DOI | 10.1177/0032258X6804100111 |
| Date | 01 January 1968 |
| Published date | 01 January 1968 |
| Subject Matter | Article |
PROFESSOR
J.
C.
WOOD,
LL.M.,
The
University
of
Sheffield
Legal Correspondent
of
The Police Journal
ROAD
TRAFFIfJ LEGISLATION
The
year 1967 saw the continuance of the ever-changing pattern
of road traffic legislation and the never-ending flow of legislation.
So far there have been four important statutes and two minor ones
(one of which has already been repealed and re-enacted) They
are the
Road
Safety Act (Royal Assent in May);
Road
Traffic
(Amendment) Act,
Road
Traffic (Driving Instruction) Act and
Road
Traffic Regulation Act (all Royal Assent in July). The two
exceptionally short Acts are the Road Transport Lighting Act
(July) and the
Road
Traffic Act (May) - the latter is now
part
of the new
Road
Traffic Regulation Act. Although this last men-
tioned statute is largely one of consolidation the other major
statutes each introduce much needed reform and they each attack
an area where it is felt that legislation can effectively attack the
scourge of road accidents.
Although
it
is usual for a legal correspondent to consider new
laws principally from the point of view of their legal structure
and framework, the area of road traffic law calls for wider con-
siderations.
It
is necessary to relate the rules to the everyday ex-
perience on the road. Enforcement falls largely on the police and
it can only be effective and harmonious enforcement if the law is
generally acceptable. This factor need not debar the law being
somewhat in advance of public acceptance; undoubtedly the law
has an educative function.
On the other hand if it is too far out of line with public accep-
tance then its application will be intolerably uneven. Too many
law breakers will not be checked and prosecuted and so those who
are will feel a sense of grievance.
It
will, regrettably, be a sense
of grievance against the law enforcers, rather than against the law
givers. A further consideration must always be given to laws
which are likely to affect a large number of the general public.
They must be simple, clear and intelligible as the wit of lawyers
and draftsmen can make them.
If
the choice is between compli-
cated detail to secure certain coverage, or clear general principle,
then the last should be chosen. The three statutes will no doubt
be familiar to many readers of these notes.
It
is proposed shortly
to look at them afresh with these general considerations in mind.
January
1968 31
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