POINTERS ON THE LAW
Page 44
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THE following résumé of some of the most important sections of the law concerning the operation of goods vehicles is contributed by our legal adviser, and is intended mainly, as a guide to drivers, so that they will be enabled to spfeguard themselves from contravening, through ignorance, one or more of the multitudinous Rules and Regulations.
It is important, however, that subsequent articles and
Attendants on Motor Vehicles and Trailers.
The following are the general rules with regard to attendants on motor vehicles and trailers, which are laid down by Section 17 of the Road Traffic Act, 1980 :— (1). Locomotives : Two persons must be employed :in driving or attending to the loc,omotive while it is being driven on the highway. If a locomotive be drawing one or more trailers on a highway, one or more persons, in addition to the persons driving or attending to it, must be employed to attend to the trailer or trailers, at the rate of one additional person for each trailer in excess of ,one.
(2) Other Motor Vehicles : Where any motor vehicle, other than a locomotive, is drawing a trailer or trailers on the highway, one person in addition to the driver must be carried either on the vehicle or on the trailer to attend to the trailer or, trailers.
.(3) Exemptions: In the above provisions the expression ',trailer" does not include any vehicle used solely for carrying water for the purposes of the drawing vehicle, or any agricultural vehicle which is , not constructed to carry a load.
The Minister of Transport has power to vary the provisions of Section 17, and the following are the variations which have been made:—
The proVisions of Section 17 do not apply to :— (a) any articulated vehicle ;
(b) a trailer with not more than two wheels drawn by a motorcar or a, motorcycle ;..
(c) a motor tractor drawing any closed trailer specially con.structed and used for the conveyance of meat between, docks and railway stations, or between wholesale markets and docks or railway stations ; (d) a Motor tractor, machines, or implements used for the purpose of the maintenance of roads ; (e) a motor tractor designed and used by or on behalf of a local authority for refuse;
(f) any motor vehicle and any trailer drawn thereby, not exceeding 30 cwt. in weight unladen in each case, designed for use in works or on private premises and used on roads only in passieg, from one part of the works, or premises to another, or to works or premises in the neighbourhood.
s26 The Number of Trailers Which May be Drawn.
Section 18 of the Road Traffic Act, 1930, provides that the number of trailers, if any, which may be drawn by a motor vehicle shall not exceed
(a) in the case of a heavy locomo tive or a light locomotive, three ; • (b) in the case of a motor tractor,
. one, if laden, or two, if unladen; (c) in the case of a motorcar or a. heavy motorcar, one.
The following restrictions upon the drawing of trailers are contained in the Motor Vehicles (Construction and Use) Regulations, 1931 :—
(a) no motor vehicle which exceeds 26 ft. may draw a trailer.
(b) a sidecar (which, for some purposes, appears to be treated as if it were a trailer), if fitted to a motorcycle, shall be so attached to the motorcycle that the wheel thereof is not wholly outside planes perpendicular to the longitudinal axis of the motorcycle passing through the extreme projecting points in the front or rear of the motorcycle.
(c) as from January 1, 1935, no motorcycle may draw a trailer exceeding 5 ci,vt in weight unladen or 5 ft. in overall width.
(d) no invalid carriage may draw a trailer.
(e) no trailer may be used for passengers for hire or reward.
Application of Trailer Brakes. Regulation 76 of The Motor Vehicles (Construction and Use) Regulations, 1931, provides that where a trailer is drawn by a motor vehicle, other than a locomotive, a person other than the driver shall be in a position and competent efficiently to apply the brakes of the trailer, unless the driver is in a position readily to operate the brakes' of the trailer.
In the case of a locomotive drawing a trailer, one of the persons who is employed in driving or attending to the locomotive must be in a position and competent efficiently to apply the brakes of the trailer, unless another person is attending to the trailer, and is in a position and competent efficiently to apply the brakes thereof. In the case of a trailer not exceeding one ton unladen, the brakes may be automatically operated by overrun.
Tow Ropes.
A Regulation which, in many cases, appears to be broken is that which pro
vides that no motor vehicle shall tow any other vehicle unless the tow rope or chain be so adjusted that the distance separating the nearest points of the two vehicles does not exceed 15 ft, and steps are taken to render the tow rope or chain easily distinguishable.
Age of Drivers.
The following are the minimum ages of drivers, as provided by Section 9 of the Road Traffic Act, 1930 :— (a) no person under the age of 16 years may drive any motor vehicle.
(b) no person under the age of 17 years may drive any motor vehicle other than a motorcycle.
(c) no person under the age of 21 years may drive a heavy locomotive, a light locomotive, a motor tractor, or a heavy molorcar. A vehicle which is an agricultural tractor is not, for the purpose of this section, deemed to be driven on a road while it is being driven in the course of the internal operations of a farm.
Notice of Intended Prosecution.
Section 21 of the Road Traffic Act, 1930, provides that a person who is prosecuted for exceeding a speed limit, for reckless, dangerous or careless driving shall not be convicted unless :- (a) he was warned at the time the offence was committed that the question of prosecuting him would be taken into consideration; or (b) within 14 days of the commission of the offence a summons for the offence is served on him ; or (c) within 14 days after the come mission of the offence, a notice of the intended prosecution specifying the nature of the
offence and the time and place
where it is alleged to have been committed was served on or sent by registered post to him, or to the person registered as the owner of the vehicle at the time of the commission of the offence.
Failure to comply with the above requirements is not a bar to a conviction if the Court be satisfied that the name and address of the registered owner of the vehicle could not, with reasonable diligence, have been ascertained in time for a summons to be served or for a notice to be sent, or that the accused, by his own conduct, contributed to the failure to comply with the requirements of the Section. It