Con ulting Engineers Criticize Rule by Regulations
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ALEADING article in the "Journal of the Institute of Consulting Motor Engineers" contains inter sting comments upon Regulation 95, dealing with the inspection of vehicles.
It will be remembered that this clause originally gave power to the police to test and inspect a vehicle in a garage without the owner's knowledge or consent. This aroused a storm of criticism, and the Minister of Transport then gave an undertaking that, except in special cases, tests would not be undertaken in garages without the owners' conthe matter w raised in Parliament in April. As L sent ; but this was not considered satisfactory and a result, the Minister agreed to amend the Regulation. L sent ; but this was not considered satisfactory and a result, the Minister agreed to amend the Regulation.
Consequently, additions have been made which provide that tests and inspections shall not be made without the owners' consent or without BIB proper notice, except that the point concerning the giving of notice will not apply where examinations are carried out within 48 hours of any accident in which a vehicle may have been involved.
The criticism made by the Institute is that the original clause seems to be an example of slipshod drafting of regulations, but it is also an indication of the danger of rule by regulations which have not the approval of Parliament. There can be no objection to a fair test and examination ofany vehicle which is roadworthy, but, equally, it is the owner's right, as the person responsible, that his consent should be obtained beforehand.
. It is also obvious that there will be'cases where an expert should be present, not only to watch the nature of the test, but to safeguard the interest of the owner to any proceedings which may be taken following the examination.