How Defence Regulations Affect Road Transport
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Special Powers, Some Invokable Only by Order, Concerning Vehicles, Fuel Storage, Roads, Licences, etc.
ASECRETARY OF STATE may, by order, if he considers it necessary in the interests of the defence of the realm, provide for the stopping up or diversion of any highway passing through premises used for H.M. service or others designated by him for the purposes of the regulation, also through land adjoining these or any protected place.
An order may be made for the removal of persons or property from any area, and may prescribe the routes by which they shall leave, the times, and the places to which they must proceed. • Any person authorized by the Secretary of State may direct that any premises or part of any premises may be used for affording protection to persons from war operations, The prohibition or regulation of any display of lights may be specified by order. This applies to vehicles, roads, premises, etc. •
Similar i-gulations apply to the emission of noise (this mainly concerns such sounds as factory whistles).
Fire brigades may be co-ordinated and arrangements determined for one fire brigade to assist another.
Subject to the provisions, no vessel (container) situated wholly or partly above ground and with a capacity of more than 500 gallons shall, in any premises, be used for keeping any liquid to which this regulation applies, unless it be surrounded by a wall, embankment or excavation, so as to prevent, so far as is reasonably practicable, the escape of liquid through damage done in consequence of war operations. The liquids concerned are those giving off an inflammable vapour at a temperature of less than 150 degrees F. and any others as may be specified by order.
• Power to Requisition Any Chattel • A competent authority may, in the interests of public safety, defence of the realm, efficient prosecution of war or for maintaining supplies and service essential to the life of the community, requisition any chattel in the U.K. This covers the requisitioning of vehicles.
A competent authority may regulate or prohibit the production, treatment, storage, movement, transport, distribution, consumption, etc., of articles of any description; and control the selling prices, regulate the carrying on of any undertaking engaged in essential work and control the charges made.
In respect of any public utility undertaking, directions may be given for securing that this be carried on in a manner the authority thinks proper in the interests of public safety, defence of the realm, prosecution of war or maintenance of supplies and service. The undertakers may be authorized to,make, in connection with the carrying on of the undertakings, charges in excess, of or in addition to, those they would otherwise be authorized to make.
Under this regulation " competent authority" means, in relation to any undertaking for the supply of elec • 'lefty, any railway, light railway, tramway, road xansport or other form of transport. the Minister of fransport. The Minister of Agriculture and Fisheries may direct that any land which, at the time when the order comes into force, is agricultural land, shall not be used otherwise than as such, except by permission, and trespassers on such land are subject to heavy penalties, provided that notices warning trespassers can easily be seen by the public.
The Minister of Transport may, by order, take control of railway undertakings specified in the order, provide for the regulation of traffic on highways, determine routes to be followed by any particular class of vehicle, prohibit or regulate the use of vehicles of any class or the use by them of specified roads.
• Control of Highway Maintenance • Where any person is under a duty to improve or maintain a highway the Minister of Transport may give directions as to the manner in which that duty is to be performed. This applies to any bridge over or under a highway, or to any tunnel in its course, as they apply in relation to a highway.
In any proceedings which may be taken in respect of the driving of any vehicle by a person not licensed for the purpose, it shall be a defence that at the material time the vehicle was being driven under an authority granted on behalf of the Minister of Transport.
If it appears to the Minister that it is no longer expedient to require compliance with the statutory provisions relating to the eanting of .p.s.v, licences or road service licences, or of their granting; he may, by order, direct that in any proceedings taken it shall be a defence• to prove that the vehicle was being used under his authority.
The number and limits of traffic areas may be modified. The Minister may direct that Section 19 of the Road Traffic Act, 1930, as amended by Section 31 of the Road and Rail Traffic Act, 1933, shall not apply in relation to the driving of motor vehicles for such work as may be specified and which is considered essential. This may be made to apply either to all motor vehicles so used or to any Specified class, and may, in relation to their drivers, impose such restrictions and obligations in respect of hours of work and rest as the Minister thinks proper.
• Nothing in Section 13 of the Finance Act, 1920, or in Section 5 of the Roads Act, 1920, shall apply to Any vehicle used for H.M. service or in service designated for the purpose Of this paragraph by the Minister of Transport, so long as there is exhibited on the vehicle a proper certificate that the vehicle is being so used in a case of emergency'. If it appears to the Secretary of State that it is no longer expedient to require compliance with the statutory provisions relating to the granting of p.s.v. licences under Part II of the Act of 1926, or to the granting of licences for the purposes of Part III of the Motor Vehicles and Road Traffic Act (Northern Ireland), 1934, he may direct that in case of proceedinp it shall be a defence to prove that the vehicle was being used under an authority granted for the purpose.