THE PROPOSED CHANGES IN MOTOR LAW.
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The Draft of the Minister of Transport's Proposals for New Speed Limits, Lighting Regulations and Licensing of Public-service Vehicles.
AS we announced in our note dealing with road transport matters in Parliament a few weeks ago, the Minister of Transport has devised a way whereby the intended new Bill dealing with motor vehicle traffic can be accelerated in its passage through Parliament by preliminary discussion, so that contentious matters may, so far as possible, be eliminated before the Bill comes before the House. In order to get the greatest possible measure of general agreement with regard to the amendment of the existing law relating to traffic on roads, he has circulated in draft a Bill which does not commit the Government, but merely commits himself, and even that fact would not imperil the Bill, because he is prepared to consider such objections as may be raised in various interests and to endeavour to answer them and if possible to adopt them so far as they may be practical.
A Well-considered Draft Bill.
There is no doubt that the-draft Bill has had a good deal of careful consideration in the various departments of the Ministry of Transport, so that answers to most of the objections that can be raised could already be given.
The draft Bill is divided into five parts, which are as follow :—
Part T.—Motor vehicles generally, which (a) classifies motor vehicles according to the well-defined types which have been developed during recent years, and gives the Minister, power to make regulations with regard to use and construction; (b) specifies speed limits, and (c) provides the machinery for the issue of driving licences.
Part IL—Lights on vehicles.
Part III.—Highway law.
Part IV.—Public service vehicles (this part of the draft Bill, however, in the main, not applying to the Metropolitan Police area or to the City of London).
Part V.—General provisions as to penalties, fines, etc.
We will survey the proposals and, where desirable, make a few preliminary comments, giving clause numbers to facilitate reference. The draft has been issued to all local authorities, bodies and institutions connected with the use of the motor vehicle, etc., and a copy can be obtained through the Stationery Office and its branches at Is. 3d. net. We would suggest that readers sufficiently interested should obtain copies.
The Classification of Vehicles.
Clause 1.—Tractor vehicles are classified as heavy locomotives, the unladen weight exceeding 114 tons; light locomotives, unladen weight exceeding 74 tons, but not exceeding 11itons; motor tractors, unladen weight not exceeding 71 tons. For heavy motorcars the definition is unaltered. The Minister has power to subdivide any class and to vary any class with regard to the maximum and minimum weight specified above.
Clause 2 makes it an offence to use on the road a motor vehicle or trailer which does not comply with the regulations applicable to the class to which it belongs as to the construction, weight and use thereof, or if its appliances for signalling its approach are not in proper working order.
Clause 3 is presented in two forms. The first form provides for a speed limit, to be set out under regulations, and what is at present in the mind of the Minister Is a speed limit for motor vehicles of about 40 m.p.h.; for heavy locomotives, 2 m.p.h. and 4 m.p.h. as at present; for light locomotives (rubber-tyred) 8 m.p.h. or 4 m.p.h. if other tyres are used ; for heavy motorcars
without a trailer and fitted with pneumatic tyres, 20 m.p.h.; for heavy motorcars with some or all of the wheels equipped with solid tyres, 16 m.p.h.; for heavy motorcars with trailer, all wheels having pneumatic tyres, 16 m.p.h.; or with all on any wheels having solid tyres, 32 m.p.h. Unsprung and metal-tyred vehicles are limited to 4 m.p.h. A 20 m.p.h. speed limit is imposed upon any motorcar which is not fitted with pneumatic tyres or draws a trailer, or is constructed to carry more than nine persons.
A 40 m.p.h. Speed Limit in Contemplation.
The alternative clause would allow a speed limit to be Imposed upon heavy motor vehicles, but not upon motorcars or motorcycles unless they were of excep
tional character. Should it be decided to adopt a speed limit, it is provided that a person shall not be convicted of an offence if he can prove to the satisfaction of the court that the speed at which he was driving on the occasion in question was not dangerous or excessive, having in view the conditions prevailing at the time, such as a clear open road.
The clause in the previous Motor Car Acts dealing with dangerous driving remains with, however, higher penalties. This is covered by clause 4, but clause 5 Introduces a measure which we think would overcome the objection to the abolition of a speed limit, that objection being that any charge would have to be made under the head of "dangerous driving," for it introduces the offence of "careless driving" to cover trivial offences. We think the clause goes rather far, however, in making it an offence to drive on any road "carelessly and without reasonable regard to the safety, comfort and convenience" of other persons using the road; the "comfort and convenience" seem to widen the scope of the clause rather too much.
Clause 7, dealing with drunkenness when in charge of a vehicle, is brought into this draft Bill for the purpose of codification.
The duty to stop in cases of an accident is, by clause 8, rather expanded, as a person in charge of a dog which is injured by a car can call upon the owner to stop and give his name and address, and it imposes upon the driver the onus of reporting within 24 hours of the occurrence any accident which can occur to any vehicle, horse, cattle, sheep or dog not in charge of any person, the report having to be made at the nearest police station. However, the clause does not say that the report must be made in person.
We do not quite like clause 9, which gives any police constable power to apprehend without warrant the driver of a motor vehicle who refuses to produce his licence on demand, unless the word "refusal" can be very clearly, defined.
Clause 10 says that two persons shall be employed in driving and attending any heavy locomotive or ,light locomotive.
Clause 11 makes it an offence for any person to take or retain hold of, or to clamber on, any motor vehicle or trailer whilst in motion, or for any person to tamper with a vehicle or its brakes or other part of the mechanism.
Checking the Unladen Weights.
Clause 12 makes its clear that if it is required to ascertain the weight of a vehicle, the owner can be called upon to produce it at a weighbridge for the purpose, but a police constable cannot demand that the vehicle or trailer shall be unloaded for the purpose of being weighed unladen. Should the vehicle have to proceed more than one mile to the weighbridge and the
weight be found to be within the limits authorized by law, the county council or authority on whose behalf the requirement is made must pay in respect of the loss occasioned, a Method being set up for ascertaining the amount. The method of calculating weight is not altered.
The failure to produce a driving licence (as distinct from a "refusal," apparently) renders the driVer liable to a fine, but under clause 14 it is now provided that he may produce his licence in person at a police station within the police district in which the offence was committed within three days of the demand. The age limit for the granting of motorcyclist licences is to be raised to 15.
No Examinations Before Issuing Driving Licences.
The question as to examination for physical fitness of-any applicant for a driving licence has been considered and the many objections have ruled it out. Instead, the applicant will have to make a declaration that he is not suffering from any disability as set out in a form provided for the purpose, and that he knows of no reason why he should not be granted a licence. Should an applicant suffer from a disability, he may claim to be subjected to a test as to his fitness or ability to drive and, if he Passes the prescribed test and is not otherwise disqualified, he may be granted a licence. To show how thoroughly this matter has been considered. clause 15 empowers a licensing authority to grant a provisional licence to a person who suffers from a disability so as to give him time to learn to drive a motor vehicle. There is an appeal to a Court of Summary Jurisdiction against any refusal of a licence.
Clause 21 gives the Minister power to inquire into the cause of accidents.
As all previous Acts, in so far as they affect the motor vehicle, are repealed, the Minister is given, under clause 23, power to make regulations as to the use and construction and other matters. This clause will have to be very carefully scrutinized, as it seems to us to give the Minister very wide powers.
Part II covers lights on vehicles and clarifies the law on the subject and also imposes upon cyclists the need for showing to the rear a red light or red reflector, the reflector, however, to conform to requirements which will be laid down by the Minister and to be in efficient working order. This is embraced by clause 32.
Part III deals with the status, maintenance and repair of roads, and need not be discussed here, except with regard to clause 44, which gives the Minister power to restrict vehicles of any specified class or description on any specified road and in any case where it is proved that the road is not suitable for such a vehicle.
The provisions as to "extraordinary traffic" are brought into this draft Bill under clause 45, and we have not yet had an opportunity of comparing the clauses with the existing law.
Drastic Proposals for Public-service Operations.
Part IV deals with the regulation of public service vehicles in a very comprehensive way. It classifies them as (a) stage carriages, picking up and setting down passengers and carrying them at separate fares (any or all of which are less than 3d.) , (b) express carriages, where the journey is to a common destination specified beforehand, and not taking up or setting down passengers, and where the fare is not less than 3d., and (c) contract carriages, where passengers are carried under contract for the use of the vehicle as a whole for an agreed sum. There are certain modifications in these classifications in clause 50 which need not be gone into here.
Two great changes are made in the law in respect of public-service vehicles. 1Clause 52 calls for a certificate of fitness, to be issued by a certifying officer
appointed by the Minister. These officers will not necessarily have whole-time jobs, 'nit will be responsible persons appointed wherever their services are required. They will examine and certify the fitness of any vehicle and may approve a type submitted by a manufacturer ; on production of a certificate that a vehicle conforms to that type, they may issue a certificate of fitness in respect of it. This is done for the purpose of facilitating the issuing of certificates and the reduction of fees. The fee proposed is 12 2s., which will cover the vehicle for 12 months, and the authorities would thus be enabled, knowing of the existence of the vehicle, to inspect it from time to time.
The New Road Service Licences.
The operator of a public-service vehicle would go to the authority and get a road-service licence, producing the certificate of fitness, and this road-service licence introduces the second great change in the law, for the operator would have to specify the use to which the vehicle would be put, the route over which it would travel, and he would have to get the road-service licence issued to him by his own authority backed by all other authorities through whose territory his vehicle was intended to operate. This would give the local authorities the right to approve routes, frequency of service, etc. Certain objections are, of course, obvious, as, for instance, a bus service between London and Plymouth or Manchester would have to be approved by every local authority through whose area the vehicle passed, but the number of licensing authorities will not exceed $00; at the present moment there are about 1,300 local authorities, some of which have licensing powers, and it is considered by the Minister that the number of approvals to be obtained will practically be no more than is at present the case. Where the vehicle carries passengers under contract and there is no plying for hire en route, approval from authorities in intermediate areas would not be necessary any more than it would be in the case of a motorcar, but where single bookings, even for a long distance, are made, a road service licence must be backed by each local authority on the line of route.
As we have said, the Metropolitan Police area is partly excluded from this section of the draft Bill. Probably objection will be raised in respect of local authorities in the provinces which have their own tramways and omnibus services, and which will, therefore, be in the position of being empowered to license or refuse to license their rivals.
The licensing authorities as specified in clause 55 will be county boroughs, urban district councils where the population is over 20,000, and certain rural district councils with a population a over 20,000 which already have licensing powers. Therewill always be a right of appeal to the Minister of Transport against decisions of a licensing authority.
Compulsory Insurance Proposals.
Compulsory third-party insurance in respect of public service vehicles is imposed under clause 61. This is to be the trial ground for the general imposition of compulsory insurance in connection with all motor vehicles, as it is felt that the public-service vehicle gives the opportunity for the system to be tested.
Clause 69 provides for the regulation of the conduct of the passengers and gives police constables and drivers and conductors of vehicles very useful powers.'
The machinery for appointing stands and stopping places for public-service vehicles and the manner of using such places are set out in a lengthy clause, number 76.
We propose ourselves to analyse the draft Rill still further, and suggest that all bodies and institutions connected with the motor movement should do likewise, so that all possible objections can be raised, discussed and dealt with, because it may be possible, during a lull in Parliamentary proceedings, at any time, to take a non-contentious part of the draft Bill (as, for instance, that covering lights on vehicles or that dealing with public service vehicles) and get it passed into law.