NEW RIGHTS and OBLIGATIONS
Page 51
If you've noticed an error in this article please click here to report it so we can fix it.
Under the Road Traffic Act
Tkih Road Traffic Act provides that a driver shall not be convicted for failing to produce his driving licence or his cer
tificate of insurance to a police constable if, within five days after the production was required, he produces it in person at such police station as may be specified by him at the time that its display for examination was required. The points to be noted are that the licence or certificate must be produced by the driver personally, and that it must be produced at a police station which is specified by the driver at the time when he failed to meet requirements.
If, therefore, a driver is going to return home the same day, he may say that he will produce the licence or certificate at his local police station, but more thought will be required if the driver be on tour,
Reporting Accidents.
The Act contains a provision that if in any case, owing to the presence on the road of a motor Vehicle, an accident occurs whereby damage or injury is caused to any person, vehicle or animal, the driver of the motor vehicle shall stop, and, if required so to do by any person having reasonable grounds for thus requiring, give his name and address and the name and address of the owner of the vehicle, 'and the identification marks of the vehicle. The Act also provides that if in the case of any such accident the driver of the vehicle for any reason does not give his name and address he shall report the accident at a police station or to a police constable, so soon as reasonably practicable, and in any case within 24 hour of the occurrence.
Drivers should note particularly that the above provision applies not only to accidents in which other vehicles or persons are injured, but that it extends to injuries to any animal, which means any horse, cattle, ass, mule, sheep, pig, goat or dog. If any person be injured the driver must also produce his certificate of insurance.
Careless Driving.
An entirely new offence called "careless driving" has been created by a section of the Act which makes it an offence for any person to drive a motor vehicle on a road "without due care and attention or without reasonable consideration for other persons using the road." This offence is not regarded by the Act as being so serious as dangerous driving, because it is provided that a first or second conviction for an offence under the section shall not render the offender liable to be disqualified from holding or obtaining a licence.
Driving Under the Influence of Drink or Drugs.
Those who take alcoholic refreshment, or who take drugs of any kind for the purpose of relieving headaches or other troubles, should, before driving, remember that it is no longer necessary for it to be proved that they were actually drunk before they can be convicted, as was the case before the new provisions came into force. All that need be proved now is that the driver was "under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle."
Uninvited Passengers.
Drivers who in the past have been troubled by persons who climb on to their vehicles without being invited to do so, or who allow themselves to be towed by vehicles, will be interested to note that it is now an offence for anyone without lawful authority or reasonable cause to take or retain hold of a motor vehicle or trailer while it is in motion, for the purpose of being drawn or carried. The maximum penalty for a first offence is £5 and for a second or subsequent conviction £10.
It is also an offence for any person, while a motor vehicle is on a road or on a parking place provided by a local authority, otherwise than with lawful authority or reasonable cause, to get on to the vehicle, or to tamper with the brake or other part of its mechanism.
Leaving Vehicles, in Dangerous Positions.
Another provision which all drivers should bear in mind is that which makes it an offence to permit a vehicle to remain at rest on any road in such a position, or in such a condition, or in such circumstances as to be likely to cause danger to other road users.
In addition to leaving vehicles in such obviously dangerous positions as on the bend of a road it appears that this provision might be applied to the leaving of a vehicle on a dark road on the wrong side.
Weighing of Motor Vehicles.
Under the old law the highway authority or the police could require a vehicle to be driven to a weighbridge for the purpose of the laden weight being ascertained only if there was a weighbridge within half-a-mile of the place from which the vehicle was required to be driven.
The Act now provides that any person authorized by a highway authority, or any police constable authorized on behalf of a highway authority, by a police authority or a chief officer of police, on production of his authority, may require the person in charge of any motor vehicle to allow it, or any trailer drawn by it, to be weighed, either laden or unladen, and the weight transmitted to the road by any part or parts of the vehicle or trailer in contact with the road, to be tested, and for that purpose to proceed to any weighbridge or other machine for weighing vehicles. It is provided, however, that the person in charge of the vehicle shall not be required to unload the vehicle or trailer, or to allow it to •be unloaded for the purpose of it being weighed unladen.
It should be noted that there is no limit to the distance which a vehicle may now be required to be driven. If, however, at the time whell the requirement is made for the vehicle to be driven to a weighbridge the vehicle is more than one mile from the weighbridge, and the weight is found to be within the limits authorized by law, the highway authority on behalf of which the requirement was made will be liable to pay, in respect of the loss occasioned, such amount as in default of • agreement may be determined by a single arbitrator agreed upon by the parties, or, in default of agreement, appointed by the Minister of Transport.
A driver, when required to drive to a weighbridge which is not in the immediate vicinity, should make a particular note of the point from which he was required to drive his vehicle, also the speedometer readings.
Drivers should also note that where a vehicle or a trailer is weighed the driver is entitled to be given a certificate of weight which will exempt the vehicle and trailer from being weighed again during the continuance of the same journey carrying the same load.