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New Bus in Dazzle Case: A ppeals Won L AST week, Mr.

20th February 1948
Page 31
Page 31, 20th February 1948 — New Bus in Dazzle Case: A ppeals Won L AST week, Mr.
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Which of the following most accurately describes the problem?

Llewellyn Williams, KC., chairman of Glamorgan Appeals Committee, allowed the appeal of the Western Welsh Omnibus Co., Ltd., and Edmund Avon, a driver, against convictions and fines imposed by Caerphilly Magistrates for an alleged breach of Regulation 9 of the Lighting Regulations. They were said to have used a public-service vehicle during the hours of darkness "with head lamps not constructed, fitted or maintained as to be capable of being dipped so as not to dazzle other users of the road."

Mr. Geraint Rees said that the bus in question, when seen by the police on November 6, was fitted with a device which, by a switch, extinguished the offside lamp, but left the near-side lamp capable of dazzling a police officer who stood 40 yards away.

Under cross-examination by Mr. M. Evans, foi the appellants, a police witness admitted that, on a further examination of the lamps, he found that there was a downward deflection. Counsel read extracts from a report. issued by the Department of Scientific and Industrial Research, which stated that changes of toad, quite small differences in the slope of the road surface and a pitching movement caused by uneven surface could materially affect the elevation of the light and make road

dazzle "inevitable." .

The police submitted that in this ease the road had a good tarmacadam surface and was perfectly level.

Mr. Evans said that the company had recently taken delivery, of 60 new buses all fitted with the same type of lamp. "These lamps are permanently fixed with a. downward deflection which cannot be altered, but evithnee will be given that on a horizontal plane their construction complies with the regulations," he added.

A specimen lamp fixed to a frame at the permanent height on the bus was switched on in the court room and during the luncheon interval the chairman and members of the appeal committee inspected the bus in question.

Without calling for further evidence, the chairman said that the respondents


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