HC Deb 20 February 1968 vol 759 cc243-4

3.48 p.m.

Mr. John Fan (Harborough)

I beg to move, That leave be given to bring in a Bill to provide for the joint responsibility of all the occupants for the conduct of a motor-car, where the identity of the driver cannot be established. The object of the Bill is to plug a serious loophole in the law. I wonder how many hon. Members present realise that, as the law stands, it is possible for a motor car to be involved in a hit-and-run accident and for the vehicle and its occupants to be apprehended shortly afterwards, but that, because the actual driver at the time of the accident was not positively identified and the occupants declined to name him, the police are powerless to act.

A constituent of mine cycling to work in Leicester on 23rd December, 1966, was the victim of just such a hit-and-run accident and, as a result, died in hospital of his injuries. In this case there was double identification of the occupants of the vehicle, three men, who had been drinking and who had been warned before they drove off that they were unfit to drive. There was no difficulty about the identification of the car, but confusion subsequently arose as to who was actually driving the vehicle at the time of the accident. A first witness identified one man as the driver, and a second witness was not sure. Another man was actually in the driving seat when the car was stationary afterwards. The occupants themselves declined to help in any way.

The law as it stands requires that the driver at the time of the accident be positively identified, and therefore the police have been powerless to act in this case and the crime has gone unpunished.

Let us consider the implications of this. Any car driver involved in an accident after dark, so long as he has an adult passenger in the car, can rely on his knowledge that when the car is traced no action can be taken if he and his passenger decline to admit having been the driver. This is manifestly wrong. All my hon. Friends who are members of the legal profession agree with me about that, but they are not so unanimous as to the type of solution which should be sought for the problem. My suggestions are contained in the Bill which I seek to bring before the House. I hope that the House will agree also that the present law in this respect is manifestly wrong, and accordingly that they will give me leave to bring in the Bill.

Question put and agreed to.

Bill ordered to be brought in by Mr. Farr, Mr. Bradley, Mr. Peel and Mr. Percival.