HC Deb 24 May 1937 vol 324 cc19-20
34. Sir Gifford Fox

asked the Secretary of State for the Home Department whether, when the regulations are enforced with regard to the testing of brakes of motor-cars by the police and traffic officials, no opposition will be offered to the owner of a motor-car calling expert rebutting evidence in the courts; and whether he will give an assurance that prosecutions will not be instituted based upon the evidence of one policeman or traffic official?

The Under-Secretary of State for the Home Department (Mr. Geoffrey Lloyd)

It will, of course, be open to the owner of a motor vehicle to call any witnesses he thinks fit, if in the opinion of the court the evidence which the witness can give is relevant and admissible. The question whether the evidence of more than one police officer will be available depends on the circumstances in which the alleged offence comes to the notice of the police, and my right hon. Friend cannot give the assurance asked for in the second part of the question. As regards traffic officials, questions should be addressed to my right hon. Friend the Minister of Transport.

Vice-Admiral Taylor

Can brakes be tested without the knowledge of the owner of the car?

Mr. Lloyd

My right hon. Friend has given an undertaking in response to representations by Members of this House that, in regard to garages, he is advising chief officers of police not to undertake such an examination, save in most exceptional circumstances, without notifying the owner of the vehicle as well as the owner of the premises.