Q In a discussion with colleagues there
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was some disagreement about the word "use" which appears in various regulations. Could you advise on the correct interpretation of the word?
AThere has been a great deal of argument
and Case Law over the exact meaning of this word and the others frequently used with it, namely to cause or permit to be used a motor vehicle on a road in contravention of regulations. Basically it might be thought that if a person is driving a vehicle then he is "using" it—but this is not sufficient in law. If the person driving the vehicle is doing so on behalf of his employer on work for that employer then the employer also is "using" it even although he may be miles away at the time of the alleged offence.
For it to be an offence of permitting a vehicle to be used the person charged must have had a knowledge of the offence.
To "cause" a vehicle to be used, the person causing must have given some specific or positive instruction for the vehicle to be used.
If offences are committed with a vehicle, the police will usually charge the driver and the owner with "usingas this is much easier to prove.
In the case of insurance cover, however, a driver cannot be convicted of "using" a vehicle without insurance if he was using it during the course of his employment and he was unaware that the vehicle was not insured. This exemption can be found in the Road Traffic Act 1960 Section 201 (3). The same exemption does not apply in the case of test certificates although in practice a driver may not know whether or not his vehicle has been tested and has a valid test certificate.
aMy drivers have been pressing me to
have reversing lamps fitted to our vehicles. In view of the length of some of the newer types of vehicles I agree that their requests are justified. Could you tell me whether there are any special regulations about the type of lamps to be used and where they should be fitted?
A The Road Transport Lighting Act 1957, Section 2, forbids, with certain exceptions, the showing of a white light to the rear. One exception is a light for reversing and details of the use of reversing lights and their fitment are contained in the Road Vehicles Lighting Regulations 1964, Part IV. The main points which must be observed are
that the lights, no more than two, must be electric and constructed so that they come on automatically when reverse gear is engaged or by the operation of a switch which serves no other purpose. With this type of switch there must be a device readily visible to the driver to indicate when the light is switched on. This means either a separate warning light connected in parallel with the reversing light or a special switch with a warning light incorporated. These provisions for warning lights and for the switch to operate solely on the reversing light do not apply to vehicles first registered before July 1 1954.
The bulb fitted to a reversing light must not exceed 24W and the lamp must be incapable of dazzling any person standing on the same horizontal plane as the vehicle farther than 25ft from it and whose eye level is not less, than 3ft 6in, above that plane. In practice this means that the lamp should be fitted low down and pointing slightly downwards.
These lamps may be used only when reversing the vehicle and not for any other purpose such as loading, unloading or signalling when on the public highway.
• had been driving an articulated vehicle with a tractive unit weighing more than 2 tons unladen from January 1969 to August 1969, when I became redundant. Since then I have been unable to find another driving job. If I cannot start another such job before February 1970 will I still be exempt from the class 1 h.g.v. driving test?
AYou can claim exemption from the need
to take the h.g.v. driving test on the basis of being in the habit of driving h.g.v. for at least six months in the period between February 2 1969 and February 1 1970. It would appear that you have just completed the required six months between February 2 1969 and August 1 1969, so you can claim a licence for the class of vehicle which you were driving during this period.
You will need to get your employer for this time to complete form DLG 1B certifying your experience so that you can claim exemption from the test when the time comes.
• For a number of years I have been very concerned at the poor visibility of large commercial vehicles.
With my previous firm I had the front and rear of vehicles painted yellow. I am interested in getting my present firm to follow this modern trend and at the same time comply with the forthcoming regulations in respect of marking. Therefore we thought it might be useful if you were to quote the relevant draft regulations/or orders that specify the colour and width of diagonal stripes.
AThe draft regulations concerning rear
reflective marker plates were circulated in February 1968, and are now back with the Ministry for consideration. As they are likely to be heavily amended and circulated again, no purpose would be served by quoting from the original draft. We understand that a British Standard Specification for the reflective or fluorescent material has been agreed, but we are unable to tell you what it is. In view of the time which has elapsed since the original draft regulations were circulated we think it likely that it will be a long time before any new regulations come into force.
Q Is it true that a vehicle travelling in order to be scrapped may be towed or suspended-towed when it has tyres of less than 1 millimetre tread, or with defective tyres?
AAlthough a broken-down vehicle or a
vehicle proceeding to a place to be broken up is exempt from the Motor Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1967 which set out the new tyre regulations, the vehicle must not be towed at more than 20 mph and, secondly, the tyres must be free from any defect which might in any way cause damage to the surface of the road or danger to persons on or in the vehicle or to other persons using the road.
Details of these points will be found in The Motor Vehicles (Construction and Use) regulations 1969 83(2).
• When Britain goes over to decimal
ization in February 1971 will vehicle weights be measured in metric tons or kilograms?
AThe Ministry of Transport has said that
it will use the kilogram equivalent of the ton which is 1.016 kg. (e.g. for a 16-ton-gross vehicle the equivalent will be 16.256 kg.). Axle, gross and train weights on MoT plates are already shown with their kilogram equivalents.