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,Three Judges Reject Van Driver's Story

27th December 1957
Page 27
Page 27, 27th December 1957 — ,Three Judges Reject Van Driver's Story
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Which of the following most accurately describes the problem?

TOsay that falling asleep at the wheel of a vehicle was any defence to a charge of dangerous driving would be disastrous, the Lord Chief Justice, _Lord Goddard, stated last week. In a reserved decision, he allowed a police appeal against a decision by Brighton magistrates, who had acquitted a van driver of dangerous driving and failing to stop at a "Halt" sign.

The driver, Kenneth Baxter, claimed that he was not responsible for his actions because he was in a state of automatism at the time—he did not know what he was doing, and had no recollection of driving to the road junction where he collided with a car after passing the sign.

In his judgment, Lord Goddard said this defence was consistent with the man having fallen asleep or being overcome by drowsiness. It was not uncommon for drivers falling asleep to be the cause of serious road accidents, and there were some cases where the driver could really be said not to be driving at all.

But in this case the evidence fell far short of that point. Two letters from doctors had been irregularly admitted at the, Brighton hearing, but they did not help the defence, as there was no medical or scientific evidence of any illness.

Mr. Justice Devlin agreed, and .pointed out that unless there was evidence to show that the man's irrational actions were caused by something other than a disease of the mind, the justices were not entitled simply to acquit him. Mr. Justice Pearson concurred.

L.U.T. AND SOUTH LANCS TO MERGE

THE amalgamation of Lancashire United Transport, Ltd., and their subsidiary, South Lancashire Transport Co., both based at Atherton, Lanes, is proposed. A Parliamentary Bill, which has already been deposited, will be necessary to permit the merger to take place.

LUX. have a fleet of 353 buses and coaches and South Lancashire have 70 trolleybuses. The aim of the proposed merger is to increase economy and efficiency in administration and to facilitate the substitution of motorbuses for trolleybuses.

WISCOMBE FINED FOR LORRY OFFENCES

FINES totalling £5 were imposed last week on 17-year-old Derek Wiscombe, of Jarrow, the boy who recently caused national controversy when his application for a B licence was rejected. Wiscombe, a firewood trader, was found guiby of driving a C-licence lorry without " L " plates, without insurance, using an unauthorized trade plate, and having no rear registration plate.

Well-wishers helped him to buy a Clicence vehicle after the Northern Licensing Authority refused his application. One person sent him £20 towards the cost. He committed the offences with another lorry, which he was driving to a sera pyard.


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