§ MR. M'CRAE (Edinburgh, E.)
I beg to ask the Lord Advocate whether his attention has been called to the fatal cycling accident which occurred near Liberton, in the county of Midlothian, on Monday, 30th April, whereby a Volunteer cyclist, named Robert Gardiner, was killed by colliding with a vehicle which, it is alleged, was on the wrong side of the road and which was carrying no lights after dark; and whether the Government will consider as to the necessity of introducing legislation to ensure that the County Council of Midlothian and other local authorities will be called upon to pass byelaws similar to those obtaining in twenty-nine counties in England and in various burghs in Scotland, compelling those in charge of vehicles to carry lights one hour after sunset.
§ * THE LORD ADVOCATE (Mr. A. GRAHAM MURRAY,) Buteshire
An inquiry was held by the Procurator Fiscal in usual form on the accident referred to. The conclusion at which Crown Counsel arrived, in which conclusion I agree, was that no fault could be attributed to the driver of the cart. The evidence goes to show that the cart was not on the wrong 412 side of the road. It did not carry lights. The bye-law dealing with the carrying of lights in the county of Midlothian is ambiguously expressed, and in any case is, in my judgment, not adequate for so populous a district as Midlothian. But the matter is one in which the responsibility rests with the county council, and the Government is not prepared at present to relieve them of that responsibility.