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The Law on LIGHTING

4th October 1957, Page 73
4th October 1957
Page 73
Page 73, 4th October 1957 — The Law on LIGHTING
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New Lighting Act Codifies the Law Since 1927: Further Provisions Yet to Come into Force

By Our Legal Adviser

UNTIL now, the law affecting the lighting of vehicles has been contained in some half dozen different statutes, plus several different sets of regulations made by the Minister of Transport under the authority of one or other of those statutes.

Now, at last, a sensible effort at consolidation has been made, and operators and other persons whose business it may be to be fully abreast of the law in these matters can confine their researches at least to one Act—albeit that the former regulations which fill in the details of the law still stand.

The Road Transport Lighting Act, 1957, came into force on August 31, and, in repealing the Road Transport Lighting Acts of 1927, 1945 (which applied to cycles only), and the two Acts of that title in 1953, in addition to isolated provisions in the Road Traffic Acts of 1934 and 1956, it gathers into one and reproduces the whole of this piecemeal legislation.

It would seem that this might be a convenient moment to re-state the basic principles of lighting as they affect motor vehicles only, i.e., leaving out of account those special provisions applicable to bicycles, invalid carriages and horse-drawn vehicles only.

"Hours of Darkness" Changed

It is now obligatory to carry during the hours of darkness not only two lamps showing to the front a white light visible from a reasonable distance, but also two rear lamps showing to the rear a red light similarly visible. " Hours of darkness" now means the time between half an hour after sunset and half an hour before sunrise—regardless of Summer Time.

Visible from a reasonable distance" has been held to mean no more than that another road user could see at such a distance that there were lights ahead, and not that he should be able to identify the type of vehicle. It should be pointed out that the position of such lamps and their maximum power when parked is laid down by the Road Vehicle Lighting Regulations, 1954. These and other regulations already in force—and listed below—continue in force as if made under the new Act.

Such obligatory lamps must be kept "properly trimmed, lighted and in a clean and efficient condition," and in addition vehicles must now carry two unobscured and efficient red rear reflectors. Anyone who causes or permits a vehicle to be on a •road during the hours of darkness is under a 'duty—which is an absolute one—to see that it conforms to these provisions. A perfectly innocent lack of knowledge—even where the driver could not know that a, light had just gone.out—is no defence, although as will be seen later, a defence of passing the blame to another is permitted if the latter was also under the same duty.

Red to the Front Forbidden

As a complement to these provisions, it is forbidden to show any red light to the front, or any light at all to rear other than a red one or a white reversing light, but this latter prohibition does not extend to interior lights in the vehicle, lights for illumining number plates, taxi-metes or devices for giving signals to overtaking traffic, or to illumining the route or destination boards on public service vehicles.

Any form of swivelling or deflecting light—other than dipping headlights—is illegal while the vehicle is in motion, but this does not prevent the use while stationary of any spotlight for loading or similar purposes. The regulations governing •the use of reversing lights are to be found in Part 5 of the 1954 Lighting Regulations. .

Multi-purpose lamps are perfectly legal so long as they separately satisfy all the requirements which would apply to separate lamps doing the same job, and combined red. rear lights and reflectors are likewise permitted provided that the reflector part satisfies the regulations when the light is not showing.

The Act contains, in Section 8, new provisions regarding the lighting arrangements necessary when a vehicle is carrying either overhanging or projecting loads. These provisions will apply whenever the load carried projects more than 3+ ft. behind the tail lamp, or where it projects laterally more than a prescribed minimum—which will be laid down by the Minister by regulation—over the side of the vehicle.

However, these new requirements are the only part of the Act which is not yet in force, the Minister being given power to prescribe a date for their coming into effect, so that to give details of them would seem unnecessary at this stage. Suffice it to say that they may be found in Subsections (2) to (6) of Section 8, and that meanwhile the law is that any load projecting more than 6 ft. behind the existing rear lamp must carry another such lamp, either ill addition to, or instead of, the first so that no part of the load extends more than 6 ft. behind it.

Towed vehicles need not carry any lights to the front. or any to the rear unless the,' are the rearmost vehicle, but if the distance between vehicles exceeds Sit, these exemptions do not apply and the vehicles must carry their full obligatory lights. In the case of loads on towed vehicles which project laterally more than 12 in. beyond the front lights of the towing or any preceding vehicle also being towed, the towed vehicle carrying the load in question must mount an additional front light on the side of the projection not more than 12 in. from its extremity. The distance between towing and towed. vehicles is to be measured between their nearest points, but disregarding the drawbar and any fitting for its attachment.

Powers Continued The powers conferred upon the Minister by sundry provisions of the repealed Acts to make regulations—either for specifying the details which the. broad principles involved do not deal with, or for exempting certain vehicles or classes of vehicles from their operation—are reproduced in the new Act, but those regulations already in existence are confirmed in force. It may, therefore, be of assistance if the most important of these are named so that these details and exemptions can be more easily traced.

There_ are in force at the moment the Road Vehicles Lighting Regulations, 1954 (SE. 1954 No. 1105, as amended by S.1. 1955 No. 1984); the Road Vehicles Lighting (Exemption) Regulations, 1954 (SI 1954 No. 1281); the Road Vehicles Lighting (Standing'Vehicles) (Exemption) (General) 'Regulations, 1956 (S.I. 1956 No. 741); and the Road Vehicles Lighting (Standing Vehicles) (Exemption) (London) Regu lations, 1955 (S.I. 1955 No. 1363). •

The penalties under the Act are a fine of up to Z5 for a first offence and in the case of a second or subsequent conviction a fine of up to £20, but it should be remembered that these offences also render the offender liable to endorsement and/or disqualification. It is a good defence for the driver or person in charge to prove that the failure to observe the lighting provisions was because of the default or negligence of some other person whose duty was to provide the necessary lights or reflectors—in other words his employers.

It remains only to note that the Act applies to Scotland but not to Northern Ireland. and that certain modifications of its provisions apply to existing public service vehicles and temporarily imported vehicles until the Minister 'otherwise orders. These modifications are to be found in Section 19 of the Act.

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