The “Black-out” Speed Limit
| DOI | 10.1177/002201834000400210 |
| Published date | 01 April 1940 |
| Date | 01 April 1940 |
| Subject Matter | Article |
The " Black
-out"
Speed Limit
THE
Emergency Powers (Defence) Built
Up
Areas Order,
1940
(S.R.
and O. 1940, No. 101), enacts by paragraph
Ithat " No person shall drive or cause to be driven any
vehicle at a speed exceeding 20 miles
per
hour
during
the
hours of darkness (as defined in
the
Road
Transport
Lighting
Act, 1927) on any length of road which on
the
rst
August,
1939, was deemed to be a road in a built-up area within
the
meaning of section Iof the Road Traffic Act, 1934, or in
respect of which adirection given
under
that
section'since
the
rst
August, 1939,
that
it shall be deemed to be a road
in a built-up area is in force ".
There
are certain exceptions contained in paragraph
2.
Proviso (a) reproduces section 3 of the Road Traffic Act,
1934, exempting vehicles when used for fire brigade,
ambulance, or police purposes, if observance of
the
limit
would be likely to hinder
that
purpose.
It
will be noted
that the first test of whether exemption applies to any particular
vehicle is not ownership
but
the purpose for which it is
being used at
the
material time.
Proviso (b) excepts any length of road in respect of-which
adirection has been given since rst August, 1939,
that
it is
not to be deemed a road in a built-up area.
The
provisions appear simple,
but
before dealing
with
any alleged offence against the
Order
anumber of points
require consideration.
The
first point is
that
the
Order
refers to " any vehicle
",
and therefore an offence may be committed not only by a
motor vehicle
but
also by any other type of vehicle, as for
instance ahorse-drawn vehicle or a pedal cycle.
In
every
case it will be necessary for the prosecution to prove
that
the offence occurred on " a road in a built-up
area".
Whether
the road is to be so deemed because it comes within
the
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