HC Deb 11 April 1940 vol 359 cc691-4
34 and 36. Captain Sir William Brass

asked the Home Secretary (1) whether he is aware that the Metropolitan police are trying to time motor cars by tailing motor-car drivers in the darkness, reading their own illuminated speedometers, and then accusing the drivers of the motor cars in front of travelling at the same speed as the following motor car; and whether he will consider the difficulty of drivers refuting this charge as their speedometers are unilluminated, and devise a fairer test;

(2) whether he is aware of the difficulty of the police attempting to gauge the speed of a motor car in front when tailing it in the black-out with the Government head-lamp mask so designed as only to throw a dim light close to the ground at about 19 paces in front, making it impossible to gauge whether the two motor cars are travelling at the same speed or not, a gain by the rear car of 3⅔ yards in a second on the motor car in front meaning an addition of about 7½miles on the recorded speed in the motor car behind; and whether he will consult with the Commissioner of the Metropolitan police with a view to arriving at a better system?

Sir J. Anderson

The instructions issued by the Commissioner of Police of the Metropolis with regard to the enforcement of the speed limits in built-up areas both by day and by night lay special stress on the necessity for keeping, as far as possible, at an even distance behind a vehicle which is being followed, and in calculating the speed of the vehicle due allowance is made for possible variations in that distance. At night, the distance is naturally rather less than it is by day. The police keep well within the range of their headlight, which has been found to be adequate for this purpose, and, in keeping an even distance, they are also assisted by the light showing from the red rear lamp of the vehicle they are following. The only other method employed is that of fixed controls, and experience does not suggest that any more satisfactory or fairer method of enforcing the speed limits can be devised. If, however, my hon. and gallant Friend can put forward some alternative suggestion, I shall be very glad to consider it.

Sir W. Brass

Would my right hon. Friend answer the first Question, in which I asked how it was possible for drivers to refute police evidence, considering that the speedometers of their cars were unilluminated?

Sir J. Anderson

A driver who cannot judge at night whether his vehicle is travelling at a higher speed than 20 miles an hour is at liberty to switch the dashboard light on momentarily, in order to reassure himself.

Sir W. Brass

Has my right hon. Friend ever driven at night, and is it not a fact that if a driver leaves the dashboard light on he cannot see anything else at all?

Sir J. Anderson

That was not my experience.

Sir H. Williams

Is there anybody in the traffic department at Scotland Yard who knows anything about this matter?

Mr. Watkins

Will the right hon. Gentleman set his mind against any relaxation of the regulations intended to prevent speeding at night?

Sir W. Brass

Are these speedometers expected to be kept illuminated at night or not; will my right hon. Friend make a ruling?

Sir J. Anderson

I think the instructions are clear that they are not expected to be kept illuminated.

Sir W. Brass

How then can they be seen?

Mr. Davidson

The driver is expected to be illuminated.

35. Sir W. Brass

asked the Home Secretary whether his attention has been called to the heavy penalties being imposed on drivers accused of exceeding 20 miles per hour in the black-out owing to the fact that this regulation was imposed under the Defence of the Realm Acts instead of under one of the Traffic Acts; and whether he will circularise magistrates to the effect that the reason for this was not that it was considered a more serious offence than exceeding the 30-mile-per-hour limit in daylight but because of certain restrictions in the present Traffic Acts, as explained, by the Minister of Transport on its introduction?

Sir J. Anderson

As my right hon. Friend the Minister of Transport explained, in announcing the decision to impose a speed limit of 20 miles per hour in built-up areas after the hours of darkness, it was not possible to do this by means of a regulation under the Road Traffic Acts, and it was accordingly decided to impose the new speed limit by means of an order made under the Defence Regulations. In consequence, the maximum penalties which may be imposed for this offence are those generally applicable to offences against the Defence Regulations. In view of the element of danger to other road users which may be involved, offences against the order may be of a serious character, but, like other offences, they vary in the degree of their seriousness, and the question of the appropriate penalty in any individual case is one for the court to determine, in the light of the particular circumstances of that case. I have no reason to think that the position is not fully understood by magistrates, but if any misapprehension exists, no doubt the publicity given to the matter by this Question will be sufficient to remove it.

Sir W. Brass

Is my right hon. Friend communicating with the magistrates to the effect that this offence is not considered a more serious one at night than in respect of the 30-mile-an-hour speed limit in the daytime, and is a purely technical offence?

Sir J. Anderson

I could not for one moment accept the contention that these offences are to be regarded normally as purely technical. I have been in communication with chief constables on the matter.

Sir W. Brass

Will my right hon. Friend ask the police to prosecute only for dangerous driving and not for purely technical offences?

Mr. R. C. Morrison

Has the attention of the right hon. Gentleman been drawn to the action of a magistrate who is steadily fining people £20 for each offence, irrespective of their means?

Sir J. Anderson

My attention has been called to the case and I have been in communication with the magistrate in question.

Sir W. Brass

Are you doing anything about it?