§ Order of the Day for the House to be put into Committee read.
1166§ THE FIRST COMMISSIONER OF WORKS (VISCOUNT PEEL)My Lords, I beg to move that the House do now resolve itself into Committee on this Bill. In making this Motion I desire to address a few words to your Lordships because it will be remembered that the Second Reading was taken sub silentio. This Bill originated as a Private Member's Bill, but it corresponded very closely with Part II of the Road Transport Bill which had been circulated by the Government to all the authorities concerned. As it was so excellent a copy and in some ways, I believe, an improvement on that portion of the Bill, the Government decided to take it up, and they made it a Government Bill.
The main object of the Bill is to secure uniformity in the requirements as to the lighting of road vehicles and to do away with by-laws which, in view of the wide radius of action of motor vehicles and the changed character of road traffic, are no longer an appropriate way of dealing with this matter. As an example of the very unsatisfactory state of things prevailing I might mention that while in England and Wales only one front lamp is required by the general law in the case of all vehicles, in two counties and in nine boroughs two such lamps are required. A driver whose vehicle complies with the general law may, therefore, find himself liable to penalties if he transgresses some of the purely local requirements of which, of course, he must necessarily be ignorant. Another defect in the law is that the lighting requirements for road traffic are not very easily discoverable. They are contained in eight General Acts, two Orders and a large number of local by-laws. Most of these will be superseded by the present Bill, and I think your Lordships will agree that it is rather a strain on the ordinary driver to have to master this collection of Orders and Acts.
§ VISCOUNT PEELBecause some of them may still be valuable and useful; I mean, in spite of the amendments brought in under this Bill. The general requirements for the lighting of vehicles at night are contained in Clause 1 of the Bill, which provides for the carrying of a minimum of two white lights to the front and one red light to the rear. In 1167 cases where this requirement would operate rather harshly, there are some exemptions and also some modifications contained in subsequent clauses. For instance, horse-drawn vehicles engaged in conveying inflammable agricultural produce in the course of the internal operations of a farm are not required to carry any lights at all. Taking the case of bicycles, in the case of a pedal bicycle the Bill gives the option of carrying either a red rear lamp or an efficient red reflector. At present these vehicles only carry one lamp showing a white light at the front, and the absence of lighting in the rear has been the cause of a considerable number of accidents. This is a very important provision indeed and I trust your Lordships will assent to it because it would have the effect of saving a great many lives. In regard to the question of dazzle, no means have yet been found of providing an effective travelling light for motor vehicles without a certain difficulty in the matter of dazzle. If any satisfactory device is discovered in the future for dealing with this problem, the provisions of Clause 3 would enable the Minister of Transport to secure its adoption.
There is one point which no doubt will be fully considered on the Committee stage and I want now to make a short reference to it. There is a good deal of diversity of opinion as to whether the concession made in Clause 6 in regard to horse-drawn agricultural vehicles is justified. In regard to this provision vehicles would be required to carry only one lamp instead of two, showing a light to the front. The organisations representing motorists are strongly of opinion that this would be a source of danger to other users of the road. They think that the concession should be limited to vehicles engaged in the internal operations of the farm. Whether this opinion is shared by the farmers themselves I am not quite clear. The limitation desired by the motoring organisations would secure that horse-drawn vehicles carrying agricultural produce to market or to a railway station, and therefore proceeding in some cases for long distances along the highway should be required to carry the statutory two front lights, and that the concession in respect of the single light should be limited to 1168 agricultural vehicles travelling short distances along or across the highway when engaged in the internal operations of the farm. This proviso, as it stands in the Bill, was accepted in another place without a Division and as far as the Government are concerned I propose on their behalf only to move such Amendments to it as will have the effect of making the proviso clearer. But there is an Amendment to be moved, I understand, by my noble friend Lord Montagu of Beaulieu, limiting the proviso to the internal operations of the farm. On that Amendment I do not desire to take any part as representing the Government. I desire that that matter may be left entirely to the advice and opinion of your Lordships' House.
There is only one more point I might make. As your Lordships have seen, there are a certain number of Amendments standing in my name. At a certain stage of the Bill in another place it was thought better to put into statutory form some of the regulations which might have been otherwise left to the Minister to make and, as a result of putting those in, there are a certain number of, I hope on the whole, trifling verbal Amendments which I should propose to your Lordships. Those are very generally the provisions of the Bill and I do not think, except on one or two of those matters to which I have alluded, there is any real difference of opinion. I understand the Bill represents a compromise between the views of those who use the roads and the agricultural interests and other bodies interested. Again, it represents another interesting compromise between motorists on the road and bicyclists on the road that has been for some time a matter for keen discussion. I believe they have at last reached an agreement which is embodied in this Bill and which I hope your Lordships may see fit to respect. I beg to move.
§ Moved, That the House do now resolve itself into Committee.—(Viscount Peel.)
§ EARL BEAUCHAMPMy Lords, the noble Viscount rightly emphasized the fact that in its origin this Bill was not a Government Bill, that it was introduced by a private member and only taken up by His Majesty's Government at a later period. It is none the less a matter of 1169 some considerable importance. It is quite likely to lay down the law for the roads of this country for the next twenty-five years. In those circumstances I venture to protest that your Lordships' House ought to have had a very great deal more time in which to consider the matter. The Bill was only brought up here for Second Reading on Friday last. The least sanguine of us hoped there would be a Prorogation on Friday next and your Lordships' House is asked to take the Second Reading, Committee stage, Report and Third Reading of this very important measure all within the space of one week. It is a sample of the way in which His Majesty's Government are always treating your Lordships' House, even in matters of considerable controversy and of some very real importance.
As time goes on traffic upon the roads is going to increase more and more. Surely we ought to be very careful as to what we are going to do on this matter. It is obvious that the Bill is a very imperfect one as submitted to your Lordships' House. The noble Viscount himself has put down a number of Amendments which are bound to require discussion this afternoon—a number of Amendments which show that His Majesty's Government themselves and those who are responsible for the drafting of this Bill are far from satisfied with it and the condition in which it reaches your Lordships' House. Therefore we ought to have more time in which to consider it. I confess that the Amendments which I have put down will not really bear very close scrutiny, but that is not, if I may say so, entirely my own fault. The Second Reading was passed silently and the period during which I had hoped to draft important Amendments passed by as a flash. No discussion took place on Second Reading and I was obliged to draft the Amendments as best I could in the hurry of the moment. In those unexpected circumstances to which we are forced by the action of His Majesty's Government, my Amendments, I am quite sure, are not really so water-tight or so complete as I should have wished them to be.
There are, of course, two matters of conspicuous importance which arise on this Bill. One of them deals with bicycles and how they are to be provided with lights. I cannot understand why 1170 it is that cyclists in their own interests are not anxious that they should be so well illuminated that there would be no possibility of accident. It seems to me that they are wholly misguided as to their own interests in not wishing to be better illuminated. Your Lordships will see how, under this Bill, although there is an alternative between a lamp and a red reflector, the Minister of Transport is allowed to choose between them. I think I shall probably put down to-morrow for discussion on Report an Amendment eliminating that option to the Minister of Transport and saying he must insist upon a red lamp being put on the back of bicycles. After all these lamps can be secured for a comparatively small sum of money. You can get them for something like 3s. That is not a great burden to put on the users of bicycles and it would ensure their safety far better than these reflectors, which, especially in these days of dazzle, are very difficult to see. That is one of the difficulties in regard to this Bill.
The other is in regard to agricultural vehicles. I think it is most important, whatever the time of day may be or whatever part of the country you may be in, that you should be perfectly certain the rules are the same, and no agricultural vehicle ought really to be allowed to carry just one light on one side and be content with that. It must be most misleading for all motorists. Again, for their own interest, it must be better for users of agricultural vehicles that they should put on the same number of lights as other people do. I would make one exception and that is in regard to very well lit towns where, perhaps, it is not necessary they should have the same number of lights. But dealing for a moment with agricultural vehicles, on a dark and possibly foggy night if they are to be content with one light, it seems to me very dangerous for the agricultural vehicles themselves as well as for motorists. I hesitate, again, to give the Minister of Transport so much power in regard to the question of dazzle. We have an immense number of able people at this moment trying to deal with the question of lighting during a period of fog and I hesitate very much to give the Minister of Transport so much authority as is given in this Bill to deal with this matter. I would like something far more elastic than is provided in the clauses 1171 of this Bill. I would like at the same time to assure the noble Viscount, though I make these remarks only as preliminary to what we shall say in Committee, I have no wish to delay any action he wishes to take in regard to the matter and if he finds it desirable to take Report and Third Reading to-morrow I shall certainly offer no objection, because I think that may be for the convenience of another place as well as for the convenience of your Lordships' House. I hope, however, that he will be able to say something in the course of our Committee stage which will relieve my anxiety with regard to those three different points.
EARL RUSSELLMy Lords, I desire in the first place to associate myself most strongly with the noble Earl who has just sat down as to the inconvenience of dealing with this very complicated Bill in this hurry and at this stage of the Session. I have followed the arguments and the discussion on this Bill probably more than the noble Earl himself, but even so I cannot help feeling that this is a Bill in regard to which we should very much have liked to have an interval of a clear week between Second Reading and Committee and a whole afternoon in Committee to enable us to discuss and consider Amendments. It is a very complicated Bill; it deals with an enormous mass of detail and many of its provisions are the result of compromise and want very careful consideration. It is extraordinarily difficult at such short notice to deal as we ought to deal in this House with so complicated a measure. I know the noble Viscount is not to blame, and no doubt he will say, as his noble Leader always does, that he is very sorry it has happened, but in this case it really is very unfortunate.
If I may say a word on the last part of the noble Earl's observations, I am not sure whether I can agree with him about the Minister of Transport. What he seemed to ask for was flexibility. I should have thought that if things are done by regulation that gives more flexibility than if they are put in a Statute. As things change and the Minister of Transport is advised from time to time, he can make or alter regulations to fit changing conditions. I should not be against the Minister of 1172 Transport having a reasonably free hand to alter the regulations when conditions change. This Bill is very much to be desired for the sake of uniformity, as the noble Viscount said. I recollect a case in which I myself was engaged more than fifteen years ago, in which an unfortunate man who was driving a lorry on a cross-country journey—a much rarer thing then than now—found himself had up in Staffordshire because he had contravened a local regulation of which he was totally ignorant. Of course he was convicted; he had no answer. That is the sort of thing you get when there is confusion between local regulations. Uniformity is well worth having.
Perhaps I might be allowed to ask when we are to have an amendment of the Motor Car Act, 1903. It used to be in the Expiring Laws Continuance Bill. I have looked for it but I do not see it there now. I forget what happened. Perhaps it was renewed for three years or something of that sort. The whole Road Bill is years overdue. It has been promised by this Government for the last three years and they ought to have the courage to produce it and carry it forward. I welcome this portion of it, and particularly the provisions as to cyclists. The noble Earl referred to the attitude of some cyclists in the matter. Like him I have never been able to understand why cyclists are so passionately suicidal. They all desire to travel on the roads and they much prefer to travel on the roads and be killed than carry a rear light. We know how little a lamp costs, but one difficulty, I think, is not having a certainty of its being alight when it is behind you. Unless you have a good lamp that is a little difficult to guarantee. The same thing often happened to motor cars before lamps were all electric. I am very glad, however, that cyclists have at last been brought into some comprehensive scheme, even if it includes red reflectors. I believe that was the subject of compromise in another place and has brought them in.
I have not been able to understand—no doubt it is my own fault—what is the position of agricultural vehicles. Probably it will be discussed later, but if the noble Viscount in his reply could give some general indication of the extent to which they are exempted I should be very glad to hear it. I do not know what 1173 the case is for having only one light instead of the regular lights. I suppose it is on account of economy, but I should be inclined myself to call it idleness on the part of the farmer. Though it is true that if you see any light on the road ahead of you you ought to take care and make sure what it is before you come up to it, still it is also true that when you come on a single light at a corner or see it through fog you may be apt to think it is a bicycle when you are expecting that a four wheeled vehicle should have two lights.
§ LORD MONTAGU OF BEAULIEUMy Lords, I should like to say that I agree with a good deal that has been said by the two noble Earls opposite. I think it would have been a very good thing if we could have had longer time in which to consider this Bill. It has been the subject of a great deal of compromise with various interests—as probably the noble Earl knows—and it has emerged in this form. Nobody thinks it perfect from the motorist's point of view, whether he drives a heavy or a light car or is a motor cyclist, but it is the best we can get at present. In regard to reflectors on bicycles, personally I think that a good reflector is much better than a bad lamp. The dim glow from some lamps is so bad that a good reflector is better than a bad lamp, and I have always said so. In regard to the question of farm vehicles, originally it was proposed that the farmer should be brought under the general law and that there should be no exception. It was found, however, that there was great objection to that, and so vehicles engaged in harvesting operations are to be exempt. That may be accounted for because at such times you have hay and straw, which are of an inflammable nature, being carried.
I have an Amendment on the Paper which, if it is passed, will provide that vehicles which carry less than the standard number of lights should only be engaged on the internal operations of the farm—that is, passing from field to field or from field to farmyard—and that the exemption should not extend to vehicles carrying produce, say, from the farm to the local market or to a railway station. In the latter case they would be very likely on a main road and not only a source of danger to themselves but a source of danger to other people. I 1174 think the House would agree that in that case they should be treated in the same way as other vehicles. As regards dipping and swivelling lamps, I think it is right that the Minister should have power to make regulations about them. Probably noble Lords know that the latest and best advice on the subject is that head lamps should be made to swivel to the left. That takes dazzle out of people's eyes and also is very useful when driving in fog.
§ VISCOUNT PEELMy Lords, I will be very brief, but there are one or two points which I can conveniently deal with now before we come to specific Amendments, I will take first of all the charge which the noble Earl, Lord Beauchamp, brought forward with some vigour against the Government because your Lordships had not had an earlier opportunity of considering this Bill. On that matter I most profoundly sympathise with him. I regret very much that in the case of a Bill of this complicated nature we should not have had at least a week between the Second Reading and the Committee stage and then plenty of time for the Committee stage, so that your Lordships should have been able to apply to the matter all that knowledge and experience which you have on this as on other subjects.
May I, however, say a word in defence of the Government? I am quite aware of its many iniquities and I do not want it to be charged with one particular iniquity for which it is possibly less responsible than others. I discussed the matter with the Minister of Transport yesterday and I said: "Why did we not have this Bill rather earlier"? He told me that the difficulty was that the Government meant very well when it was introduced at an early date. At the time of the adjournment for the Summer Recess the Bill had got through all its stages except the Third Reading. There seemed therefore every hope that your Lordships would be able to deal with it at an early period in the autumn. What happened, as very often happens in these cases, was that those interested did not concern themselves very much with the earlier stages of the Bill, but when it got to the Third Reading stage there was an awakening among them. They began to think that something was in the wind and that they must make an effort to take 1175 action. It was really due, not to the Government, but to those interests that the Third Reading of the Bill in another place was postponed. They did not want the Minister of Transport to part with the Bill until they had had full opportunity of stating their views to him. Really that was the cause of the delay and in this case I think the Government has a fairly clean record. I will not deal now with the question of bicycles, because that will be raised on an Amendment and the point has been partly dealt with by my noble friend Lord Montagu of Beaulieu.
A point was raised by the noble Earl, Lord Russell, who said that he thought the provisions concerning farm vehicles a little complicated and asked whether I would make a statement on that point. It might be convenient if I were to do so before we go into Committee. I felt that difficulty myself, and I dictated a note this afternoon which, I think, makes the subject fairly clear. I am referring to the general subject of horse-drawn vehicles, of which the class of horse-drawn vehicles engaged in agricultural operations is, as it were, a subdivision. Horse-drawn vehicles need not carry a red light in the rear if the front lights show a red light to the rear—that is, if the backs of them show red—provided that this red light is reasonably visible to a certain distance and also that no part of the vehicle is for the time being more than six feet behind the light. This would obviously apply to gigs and carts and smaller horse-drawn vehicles of that kind. So much for horse-drawn vehicles generally. Then we come to farm vehicles, and in regard to these there is one class of operation in which the vehicle is exempted from carrying any lights. Vehicles carrying produce of an inflammable nature need not have any lights at all if they are working in the internal operations of the farm. That, as the noble Earl sees, is a complete exemption.
There is, however, a general mitigation or concession for vehicles or implements engaged in agriculture. These vehicles or implements must carry one off-side light to the front and need not carry a red light if a good red reflector is carried or if the front light shows a red light to the rear; and the same provisions about reasonable distance and about the vehicle 1176 projecting six feet behind the light are also embodied. The noble Earl will see, therefore, that there are three provisions: (1), a provision affecting horse-drawn vehicles generally; (2), a provision affecting horse-drawn carts or vehicles engaged in farming operations; and (3), a provision which is, as it were, a subsection, that vehicles carrying inflammable produce are exempted from carrying any lights at all. That is how the matter stands in the Bill. I need not allude to the Amendment of my noble friend Lord Montagu, which we shall discuss when we come to it.
§ On Question, Motion agreed to.
§ House in Committee accordingly:
§ [The EARL OF KINTORE in the Chair.]
§ Clause 1:
§ Obligatory lights to be carried by vehicles at night.
§
(2) The Minister shall have power by regulation to exempt either wholly or partially, and subject to such conditions as may be specified in the regulation, from any of the requirements of this section—
(b) vehicles when standing or parked in accordance with any Act, order, by-law, or regulation for the time being in force;
(c) vehicles drawn or propelled by hand, save as hereinafter provided.
§ (3) The Minister shall have power by regulations to add to, or vary, or grant exemption (whole or partial) from, the requirements of this section, to permit the carrying of additional lamps, and to prescribe the number and position of the lamps (if any) required or permitted to be carried and the colour of the lights (if any) required or permitted to be displayed, and the conditions under which they are required or permitted to be used, in the case of—
- (a) vehicles used as public service vehicles within the meaning of this Act or any class or description thereof or hackney carriages;
- (b) vehicles used for naval, military, air force or police purposes, or as ambulances, or for any other special purposes mentioned in the regulation;
§ VISCOUNT PEELMy first Amendment is drafting.
§
Amendment moved—
Page 2, line 4, leave out ("section") and insert ("Act").—(Viscount Peel.)
§ On Question, Amendment agreed to.
1177§ VISCOUNT PEEL moved to leave out all words in paragraph (b) in subsection (2) after "vehicles when standing or parked in." The noble Viscount said: As the Bill is drawn the Minister's power to exempt vehicles in parking places from carrying lights would be limited to such parking places as are fixed by "any Act, order, by-law or regulation." There are some recognised parking places which are not governed by any special order and in regard to which it may be convenient for the Minister to make this regulation. This Amendment gives him power to do so.
§
Amendment moved—
Page 2, line 14, leave out from ("in") to end of paragraph (b) and insert ("places specially set aside for the purpose").—(Viscount Peel.)
§ On Question, Amendment agreed to.
§ EARL BEAUCHAMP moved, in subsection (2), to leave out paragraph (c). The noble Earl said: I confess that this Amendment possibly goes rather far, because it would prohibit perambulators being taken along the road unless they had two lights in front and a red light behind. This goes much further than I should wish to go, but there is, on the other hand, the case of a builder's cart, sometimes drawn by hand, with a long ladder behind. Would it not be possible—I put this to the noble Viscount—for this builder's cart with its long ladder behind to take advantage of some little loophole in the Orders made by the Minister of Transport and to be without lights along the roads during the night? I am sure your Lordships will agree that nothing is more dangerous than a long thing like a ladder going along the road, and that in any case it should not be possible for a ladder to be taken along the road at night without any light at all. I am quite sure that the noble Viscount would not wish this to be done, but can he give us any assurance that the regulations made by the Ministry of Transport would prevent it from being done?
§
Amendment moved—
Page 2, line 17, leave out paragraph (c).—(Earl Beauchamp.)
§ VISCOUNT PEELI am very glad that the noble Earl is not pressing the whole of the Amendment, because I was looking forward to some trouble in having to wheel my wheelbarrow along the road with two white lights in front and a red 1178 light behind. I understand that I am relieved from that necessity. The noble Earl took the case of a cart with a ladder behind. I think that this is covered by regulations, but if the noble Earl would like me to consider that point before the Report stage I shall be very glad to do so.
§ EARL BEAUCHAMPI am much obliged to the noble Viscount, but I want a little more. How will it come up on Report? Would he be good enough to promise me that, if it is possible for these ladders to be carried or drawn along in this way, he will put down an Amendment on Report in order to prevent it from happening?
EARL RUSSELLMay I suggest that this is not necessary? The Minister has power to exempt certain vehicles by regulation. All that you have to do is to have an understanding that the Minister would not exempt the long ladder. Is not that so? You do not require an alteration in the Bill.
§ EARL BEAUCHAMPI have not that confidence in the Minister of Transport that the noble Earl has, nor do I think that he himself has always had complete confidence in that Minister. I should like to ask why on this occasion he is willing to trust the Minister when on other occasions he is not? I would put it to the noble Viscount that I should be satisfied if he would assure me that the Minister will look into this case and see what can be done.
§ VISCOUNT PEELI will endeavour to ascertain the intention of the Minister of Transport before the Report stage, and will try to satisfy the noble Earl.
§ Amendment, by leave, withdrawn.
§ EARL BEAUCHAMP moved, in subsection (3), to leave out "or grant exemption (whole or partial) from". The noble Earl said: Here is another case of the difficulty in which we find ourselves in discussing a somewhat complicated Bill at very short notice. It appears to me that here we have once more a power given to the Minister of Transport to allow all kinds of vehicles to use no lights at all. He has power to grant exemption to vehicles used as public service vehicles and vehicles used for naval, military, Air Force or police purposes, or as ambulances, from carrying 1179 any light at all. I am sure that the Minister of Transport does not wish to do this, but I do not think he ought to be given power to do it if he does not wish to exercise that power. Surely there are great dangers here. We all know that ambulances—quite properly—travel very quickly, but surely there ought to be no power to allow ambulances to travel by night very quickly without carrying any lights. Possibly I may be wrong, for we have had no time to go into this Bill, but it seems to me that power is given to the Minister to exempt all ambulances from carrying any lights at all. There are some public services which are supposed to drive faster than other public services, and here again we have power given to the Minister of Transport to exempt them from having lights. Surely the Minister does not want to have a power of this kind. If he does not wish to have this power, as I am sure that he does not, I do not see why he should ask your Lordships for a power which he does not wish to exercise.
§
Amendment moved—
Page 2, lines 20 and 21, leave out ("or grant exemption (whole or partial) from."—(Earl Beauchamp.)
§ VISCOUNT PEELPowers, I understand, are taken to deal with exemptions on rather specific and particular occasions. It is limited to public service vehicles and vehicles used for naval, military, Air Force or police purposes, or as ambulances. There is no intention of having a general exemption for these, but it may be necessary to do so on certain exceptional occasions—military manœuvres or special emergencies of that kind. That is really the sort of case at which the exemptions are aimed, giving the Minister power to make particular exemptions in particular cases. I do not think there is any likelihood of these powers being widely stretched, but, as the noble Earl will recognise, they may be very useful on certain occasions.
§ LORD DANESFORTI would like to support the objection taken by the noble Earl to the very great widening of these powers. The Minister of Transport may exempt totally from the necessity for carrying lights. As we know, there has been an enormous extension of motor traffic of late years on our country roads. Omnibuses run from village to village. I am sure that my noble friend Lord 1180 Peel does not intend to give the Minister of Transport power to exempt all these omnibuses, which are very large and cumbrous things, from carrying lights altogether. If he does not intend to exempt them, I hope that before Report he will put down some limitation of this power of exemption, which will bring the Bill more into conformity with what he says is the object of the proposal—namely, in the case of public vehicles used for military and similar purposes. He really must see that as the Bill stands it will give power far beyond what the framers of the measure desire, and what is either necessary or desirable.
§ EARL BUXTONThe object of my noble friend, Earl Beauchamp, is to prevent a general exemption of vehicles coming under paragraphs (a) and (b) with regard to lights. As I understand from the noble Viscount in charge of the Bill, the Minister of Transport has no idea or desire that there should be a general exemption. If these words are omitted, surely there will remain in the clause sufficient to allow the variation to which the noble Viscount has referred. Would he be prepared to consider on Report some words which would make quite clear what my two noble friends have urged—namely, that there should not be a general exemption introduced? Would the noble Viscount consider the introduction of such words as "on special or urgent occasions" grant exemption?
EARL RUSSELLI am very glad that the noble Earl has called attention to this subsection, because so far as I can make out it applies to taxicabs as well as omnibuses, and I do not know on what occasion a taxicab should be exempt from carrying two white lights in front and a red light in the rear. Of course requirements for military purposes would be very easily met by very much narrower words than the wide words of this section. Unless the noble Viscount can give us any better reason why this subsection is required I do not think we should keep it as it is. I do not know whether it is for additional lights as well as for fewer lights that it is required, but if it is only to be exemption, I cannot see why it should apply to public service vehicles at all.
§ VISCOUNT PEELI think it is rather intended to do both things I understand it is power to add to or vary or grant exemption. I think the exemption would only apply in the case of vehicles used for naval, military, Air Force or police purposes, or as ambulances, etc. The sort of cases I have stated.
§ VISCOUNT PEELThe power to permit the carrying of additional lamps and to prescribe the number and position of the lamps, and the colour, and so on, would mainly apply to paragraph (a), vehicles used in the public service. I understand the point is made that there should not be power to exempt vehicles in (a). I will certainly consider that point before the Report stage, and see if it is necessary to introduce any change by way of limitation if that will meet the wishes of the noble Earl. Of course he will see that there is a necessity for having flexibility in making regulations with regard to additional lamps, and the number and position and so on.
§ EARL BEAUCHAMPIt is really a question of granting exemption, and I think I must ask your Lordships' House to divide upon the matter. The example given by the noble Viscount seems to prove the importance of the matter all round. He said that this power was necessary in the case of manœuvres. It seems to me that it would be most dangerous to exempt motor cars from carrying lights during the period of man œuvres. Surely lights are needed then more than at any other time, in order to protect our soldiers. Surely you want more lights during manœuvres than at any other time, and the instance given by the noble Viscount seems rather to go against the point which he has made. I am not quite sure what rules may be made by the Army Council, but it seems to me most important that we should not add to any powers which may exist at present, allowing exemptions in the case of lights. More than once I have heard of accidents to men going through a little mist and being run down from behind by a motor car. Such accidents are very likely to occur during manœuvres, when we have more men than ever going along our roads, and of course not carrying lights, and I should depre- 1182 cate any additional power being given to the Minister to put the lives of our soldiers in greater danger than they are at present.
EARL RUSSELLThe clause, as it stands, seems to me to be so very dangerous that it the noble Earl goes to a Division I shall support him. I think the best course would be to take these words out at present, and if the noble Viscount, Lord Peel, is able to give reasons on Report for re-introducing them, that can be done.
§ VISCOUNT PEELI should, of course, be rather sorry if the noble Earl should persist in taking out the words "whole or partial," because those words, of course, have reference to (b) as well as (a) and it would prevent the Minister from dealing with them. If, however, the noble Earl presses it very much I will not offer any objection at this stage. If he will allow me to consider the point I will do so, though I may bring up an Amendment on Report stage, and I hope then that noble Lords will treat it as kindly as they can.
§ On Question, Amendment agreed to.
§ VISCOUNT PEELThe next two Amendments are drafting.
§ Amendments moved—
§ Page 2, line 21, leave out from ("this") to ("in") in line 27, and insert ("Act, and to require or permit distinctive lamps to be carried displaying lights of such colour and used under such conditions as may be prescribed")
§ Page 2, line 35, leave out ("prescribed") and insert ("required or permitted").—(Viscount Peel.)
§ On Question, Amendments agreed to.
§ Clause 1, as amended, agreed to.
§ Clause 2 [Restriction on the number and nature of lamps to be carried]:
§ VISCOUNT PEEL moved, in subsection (1), to leave out "carry a lamp showing," and to insert "show." The noble Viscount said: This is really drafting also. Although the lamp may not show a red light to the front, such a light may be shown indirectly.
§
Amendment moved—
Page 3, line 4, leave out ("carry a lamp showing") and insert ("show").—(Viscount Peel.)
§ On Question, Amendment agreed to.
1183
§
Amendment moved—
Page 3, line 6, leave out ("carry") and insert ("show").—(Viscount Peel.)
§ On Question, Amendment agreed to.
§ Clause 2, as amended, agreed to.
§ Clause 3:
§ Conditions regulating the use of lamps on vehicles.
§ 3. The Minister may by regulations prescribe the conditions subject to which lamps, showing a light to the front, may be used, and such conditions may include conditions under which lamps interconnected with the steering mechanism and moving with the movement of the front wheels may be used, and conditions as to the angles at which beams of light may be projected, the height, width and the range of illumination (to be ascertained in accordance with the regulations) of such beams of light, the extent and method of obscuration to be employed, and the position on the vehicle of any lamps.
§ VISCOUNT PEEL moved to leave out "under which lamps interconnected with the steering mechanism and moving with the movement of the front wheels may be used, and conditions." The noble Viscount said: These words are unnecessary. This is really a drafting Amendment.
§
Amendment moved—
Page 3, line 18, leave out from ("conditions") to ("as") in line 20.—(Viscount Peel.)
§ EARL BEAUCHAMPMy Lords, I should like a little more explanation of this, because it seems to me that this may be one of the possibilities under which we may be able to deal in the future with the very difficult matter of having good lights which help us to get through fog. Would the noble Viscount be good enough to explain this matter?
§ VISCOUNT PEELThe words as to the use of the lamps are unnecessary, because they could be allowed by regulations made by the Minister under Clause 4. The words were inserted in another place before Clause 4 was dealt with.
§ On Question, Amendment agreed to.
§ Clause 3, as amended, agreed to.
§ Clause 4:
§ Restriction on movement of lamps.
§ 4. Unless otherwise provided by the Minister by regulations no lamp carried on a vehicle, other than a dipping head lamp, shall be moved or swivelled while the vehicle is in motion.
1184§ VISCOUNT PEEL moved to leave out "lamp carried on" and to insert "light shown by." The noble Viscount said: This Amendment is necessary because I understand that a new type of head lamp has been introduced since the Bill was drafted, and in this type the lamp itself does not dip, but the dipping effect is imparted to the beam by moving the reflector. The new words are rendered necessary by that invention.
§
Amendment moved—
Page 3, line 28, leave out ("lamp carried on") and insert ("light shown by").—(Viscount Peel.)
§ EARL BEAUCHAMPThis really will not do. The noble Viscount would not explain this on Clause 3 because he said that the matter really arose on Clause 4 and certain words had been introduced in another place before Clause 4 was dealt with. Will he be good enough to give us the explanation which he denied to us on Clause 3, and tell us exactly what it is that all this means? I really think we ought to have some explanation as to why these things may possibly be prohibited in the future, because—I must repeat, as we have had no reply—it seems to me that this may be one of the methods of dealing with the difficulty of fogs.
§ VISCOUNT PEELI think it is fairly clear on the clause because it begins:—
Unless otherwise provided by the Minister by regulation …so that he has power to provide for regulations, and this is merely an exception. It says:—Unless otherwise provided by the Minister by regulations no lamp carried on a vehicle, other than a dipping head lamp, shall be moved or swivelled while the vehicle is in motion.I think it refers only to those special cases.
§ EARL BEAUCHAMPI have no doubt it does, but will the noble Viscount be good enough to tell us why it is that unless allowed by the Minister, no lamp should be swivelled? Why should they not be swivelled? Because I must say I understood that it was quite possible that this might have been one of the methods of dealing with the difficulty of fog.
§ VISCOUNT PEELI should have thought that this was a matter better 1185 left to regulation by the Minister. The noble Earl asked: why should you not swivel your lamps if you choose? Surely regulations of this kind are much better left to the Minister, because otherwise all sorts of head lamps might be used, and it is better that motorists in that respect should be restrained or directed by the Minister.
EARL RUSSELLPerhaps the noble Earl does not know that it has always been the policy to forbid these swivelling lights for the best of reasons, because before they were forbidden motorists used to carry very powerful searchlights and flash them to and fro as they went along the roads, thereby dazzling the whole of the other traffic. It was therefore thought better to prohibit any moving of the lamps in the motor car. Now what you are doing is to allow the head lamps to dip, and, no doubt by regulation later on, to allow a sideways movement which would be useful, as the noble Earl suggests, in fogs. But the original reason for the prohibition was a very strong one.
§ LORD MONTAGU OF BEAULIEUPerhaps I may be able to clear this up. At the present moment there are several methods of trying to get rid of dazzle. One is dipping lamps down. Another is dipping down and sideways to the left, which is a good plan. There are also other methods, by altering the focus inside the lamp, and also by altering the reflector. I gather that by this clause the Minister has power to authorise that. At the present moment there are a great many dipping head lamps, and I am not quite clear whether they are within the regulations now. I believe they must be.
§ LORD MONTAGU OF BEAULIEUI accept that from the noble Earl. I am therefore guilty of an offence every time I use my motor car at night. The system is either winked at by the police, or nobody wishes to prevent it being used, because it is for the public safety. I think it is very desirable that all these experiments should be made both in regard to fog and in regard to preventing dazzle, and therefore the Minister should have power to authorise these experimental methods.
§ EARL BEAUCHAMPIn view of the explanation given by the noble Lord and the noble Earl, I do not press my objection.
§ VISCOUNT PEELI am very much obliged to the noble Earl.
§ On Question, Amendment agreed to.
§ VISCOUNT PEELThe next two Amendments are drafting.
§ Amendments moved—
§ Page 3, line 29, leave out ("lamp") and insert ("light").
§ Page 3, line 29, leave out ("or swivelled") and insert ("by swivelling, deflecting or otherwise").—(Viscount Peel.)
§ On Question, Amendments agreed to.
§ Clause 4, as amended, agreed to.
§ Clause 5:
§ Special provisions as to bicycles and tricycles.
§ 5.—(1) The foregoing provisions of this Act shall apply to bicycles, tricycles and invalid carriages subject to the following modifications:—
- (a) in the case of bicycles not having a sidecar attached thereto, whether propelled by mechanical power or not, and in the case of tricycles not propelled by mechanical power, and in the case of invalid carriages, only a single lamp showing a white light to the front instead of two such lamps need be carried;
- (b) in the case of bicycles and tricycles and invalid carriages not propelled by mechanical power, subject to compliance with the regulations (if any) made under this section, it shall not be necessary to carry a lamp showing a red light to the rear if the bicycle or tricycle has attached thereto a red reflector in efficient working order.
- (c) in the case of bicycles not having a sidecar attached thereto, whether propelled by mechanical power or not, and in the case of tricycles not propelled by mechanical power, no lamp need be carried if the bicycle or tricycle is being wheeled by a person on foot as near as possible to the near or left-hand edge of the carriageway.
§ (2) The Minister may, if he thinks fit, by regulations prescribe the conditions with which the reflector must comply, and the manner in which it is to be attached.
§ EARL BEAUCHAMP moved to omit all words after "modifications" in subsection (1) immediately preceding paragraph (a). The noble Earl said: It is quite obvious that on this Amendment of mine it will probably be most convenient for the House to take the general discussion 1187 upon the lights which are to be used by bicycles. To put one point on one side at once, may I say that I am glad to think that on this clause an Amendment is to be moved by the noble Viscount, very similar to an Amendment of mine, dealing with invalid carriages. For the moment I do not want to discuss that. The object of my Amendment now is to deal with the whole question of bicycles. Surely, as has been said on the Motion to go into Committee, it is immensely to the advantage of everybody using bicycles that they should be obliged to use lamps on the back of their vehicles for their own safety. I do not wish to repeat what I have already said upon this point this evening. The cheapness of these lamps puts no great burden upon people. After all, of all the bicycles used in this country only a comparatively small number are used at night and very few people would feel it a burden if they were obliged to carry these lamps. If I was so rash as to ride a bicycle on a public road at night I should feel it was for my own safety to carry as strong and as good a lamp as I possibly could, and it is in order to elicit the views of your Lordships' House and to know what you think about this matter that I have placed this particular Amendment on the Paper. Whether some alternative might be found if the noble Viscount is not able to go the whole way with me I will not say now. I have a possible modification in my mind; but I should like to hear what he has to say upon this Amendment before I adumbrate what that modification is.
§
Amendment moved—
Page 3, line 33, leave out from ("modifications") to the end of Clause 5.—(Earl Beauchamp.)
§ LORD DAWSON OF PENNIf the question of bicycles has not passed beyond consideration, there is an especial reason why a bicyclist riding at night should have a particularly strong light behind. When, for instance, two cars are approaching each other a bicyclist inevitably moves towards the near side of the road and the driver of the car that is coming in the same direction as the bicyclist is upset by the dazzle of the light of the approaching car, with the result that he cannot be quite sure that he keeps sufficiently far from the near side; that is, the pavement if there 1188 is one. Unless, therefore, the bicyclist is adequately and very specially protected on that occasion the vision of the motor driver is for the moment a little bit impaired and, with the best will in the world, it is extremely difficult sometimes to avoid an accident. Anybody who has had a considerable experience of driving at night, as certain of your Lordships have, will realise at once that there is more risk of danger at the particular moment when two cars are approaching each other to a cyclist on the near side of either of them. That is why the cyclist needs an especially strong light behind. I would suggest for the consideration of the Ministry of Transport, and it would not add materially to the expense, that there should be both a light and one of those reflectors. The reflector could be made part of the rear lamp, and you would get by that means a double protection without any appreciable increase in cost.
§ LORD MONTAGU OF BEAULIEUI entirely agree with what the noble Lord, Lord Dawson of Penn, has said save in one point. In this as in other things the Bill has been the subject of a compromise. I drive as much by night as any member of this House, and nothing is so dangerous as when you are overtaking a stream of cyclists going, for instance, out of town about five or six o'clock in the evening. If you are motoring in the same direction as they are going and another car approaches you, you go off to your near side in order to give plenty of room to that car, and suddenly out of the darkness there looms up a grey coat against the grey road and very often a cap of the same colour, with the result that happened to me quite lately, when I almost touched a man before I saw him. The point on which I disagree with the noble Lord is this. With my considerable experience I would prefer to have good reflectors to bad lamps. The difficulty, as anybody knows who has administered justice in a court of summary jurisdiction, is to get the rule observed in regard to lamps that show a light in front and it would be no more difficult to get a light shown behind which would show strongly. After careful consideration I do not think the Government ought to disturb the compromise arrived at, to allow reflectors to be used by bicyclists so long 1189 as the reflectors are judged to be of an efficient kind for the purpose by the Ministry of Transport.
EARL RUSSELLAny of your Lordships who have driven at night must have noticed on the road comparatively recently signs reflecting the light from an approaching car, which are remarkably clear to see and which stand out on the road. I would endorse the appeal of the last speaker that a reflector well constructed, as it can be now, is probably a good deal more reliable than a bad lamp which might jerk out. It is also, as he says, very desirable not to disturb the compromise which has been arrived at and I hope the noble Earl will not press his point.
§ LORD SWAYTHLINGMight not the compromise be helped in this way? If reflectors are made compulsory could not the rear mudguard of a bicycle be painted white? Noble Lords who have driven on the roads lately will have noticed that a number of cyclists have adopted this plan. To my mind, it adds considerably to the use of the reflector if it is backed by a white mudguard. It makes the reflector far more efficient and, perhaps, something could be put into the Bill to that effect.
§ VISCOUNT PEELIf I may say so, this question is one of the crucial points of the Bill and, as my noble friend behind me quite rightly stated, it has been the result of discussions going on for the last three or four years between the motoring associations and the cyclists. I would therefore urge your Lordships to think long before you disturb that compromise. I am informed that it really would have a very serious effect indeed upon the fate of this Bill if this long-fought battle was reopened. The compromise is certainly a compromise; that is to say, both sides have moved, I will not say from extreme positions but from outside positions towards each other. A great deal of surprise has been expressed by noble Lords that bicyclists do not want to protect themselves from destruction by carrying proper lights. That has also filled me with astonishment; but I know that quite sensible people sometimes differ from me on certain points and I recognise that they have a right to do so. The view of the cyclists is, and I think it ought to 1190 be stated, that the whole of the onus of avoiding them must be thrown upon the motorists. They think the motorists ought to go so slowly, so carefully and so deliberately when they come up to them that there is really no difficulty and they must pull up. Your Lordships will not be surprised to learn that this view is not shared by the motoring associations. I do not think it is shared by anybody who has driven a motor. But there are two sides. One side says: "They must have the regular red lamp behind like any other vehicle on the road"; and the other side says: "We do not want one at all." So that the compromise is a real compromise; that is to say, they agree to have a reflector.
I was very glad that the noble Lord behind me and the noble Earl urged that a reflector was really a very useful thing. I have experience of it myself and I know how well one does see it. If you take away the option and say that they are only to carry lamps then you get into a sea of difficulties at once, because of course a reflector remains a reflector. Whereas you can never be quite certain when riding a bicycle whether your light behind is alight, and, of course, the jolting of a bicycle is very detrimental to many classes of lamps. In that case all sorts of difficulties would arise. Excuses would be pleaded and probably yon would not get the same degree of security as you will get when you have the consent of the whole bicycling world to carry these red reflectors. I do not know about the question of the white mudguard, but I suppose it would be difficult to keep the white part free from dirt. I am, however, dealing with the question of red reflectors. I urge noble Lords to be satisfied with this as a compromise and the noble Earl especially to leave it as it is because, being the result of these long discussions, I think it would be almost impossible to re-open the whole question again. I think motorists and bicyclists are fairly well secured. The Amendment, as drawn, if taken literally, would mean that pedal bicycles and also tricycles and invalid carriages would have to carry two front lights and one rear light. That, no doubt, is not intended. It is quite clear what the intention of the noble Earl is, but I hope, after the explanations that have been given, he will not press this to a Division.
§ EARL BEAUCHAMPI certainly will not press this Amendment to a Division, but before withdrawing it I should like to make one or two remarks. I am sorry the noble Viscount has not received more sympathetically the suggestion made by my noble friend behind me with regard to what I think is called a white splash on the mudguard. I have noticed more than once lately in various trade journals, remarks approving of this suggestion as helpful to all motorists and of value as a safety device to all cyclists, and it is a suggestion which would not involve much expense to them. I am sure a white splash on the mudguard, even if it does not go over the whole of the mudguard, would be a great help to motorists. Apart from that we have been asked to withdraw this Amendment on the ground that what is contained in the Bill is a compromise. Unless my memory is at fault I have heard the noble Marquess the Leader of the House fulminating on previous occasions on this side against compromises entered into in another place by which, he said, your Lordships were in no way bound.
§ THE MARQUESS OF SALISBURYNor are you bound.
§ EARL BEAUCHAMPOn those occasions I tried to lay emphasis on the fact that they were bound; to-night I would say they are not bound, though no doubt I shall take the other point on another occasion.
§ Amendment, by leave, withdrawn.
§ VISCOUNT PEEL moved, in subsection (1), to leave out "and invalid carriages." The noble Viscount said: I move this because the present text of the Bill is not consistent with the definition of invalid carriages given in Clause 14. I beg to move.
§
Amendment moved—
Page 3, lines 41 and 42, leave out ("and invalid carriages").—(Viscount Peel.)
§ On Question, Amendment agreed to.
§ VISCOUNT PEEL moved, in subsection (1) (b), to leave out "subject to compliance with the regulations (if any) made under this section." The noble Viscount said: These words are inappropriate because it is proposed to leave out subsection (2).
§
Amendment moved—
Page 4, lines 1 and 2, leave out ("subject to compliance with the regulations (if
1192
any) made under this section".—(Viscount Peel.)
§ On Question, Amendment agreed to.
§ VISCOUNT PEEL moved, in subsection (1) (b), to leave out "a red reflector in efficient working order" and insert "an unobscured and efficient red reflector." The noble Viscount said: This Amendment is intended to cover a case where the red reflector may be obscured by the rider's coat. I beg to move.
§
Amendment moved—
Page 4, line 5, leave out ("a red reflector in efficient working order") and insert ("an unobscured and efficient red reflector").—(Viscount Peel.)
§ On Question, Amendment agreed to.
§
Amendment moved—
Page 4, lines 14 to 17, leave out subsection (2).—(Viscount Peel.)
§ On Question, Amendment agreed to.
§ Clause 5, as amended, agreed to.
§ Clause 6:
§ Horse-drawn vehicles.
§ 6. The foregoing provisions of this Act shall apply to vehicles drawn by horses or other animals, subject to the following modifications:—
- (i) A separate lamp showing a red light to the rear shall not be required to be carried on vehicles drawn by horses or other animals if the lamps showing a light to the front required by Section one of this Act to be carried show also a red light to the rear visible from a reasonable distance and no part of the vehicle or of any load carried thereby extends more than six feet behind such lamps;
- (ii) Vehicles drawn by horses or other animals engaged for the time being in carrying agricultural produce of an inflammable nature either to stack or barn in the course of harvesting operations, or in connection with the internal operations of the farm, shall be exempted from carrying lights:
§
Provided that the foregoing provisions of this section shall apply to vehicles constructed for and used for the time being in agricultural operations, subject to the following modifications:—
(a) Only one lamp showing a light to the front shall be required to be carried, which lamp shall be attached to the off or right-hand side of the vehicle; and
§ EARL BEAUCHAMP moved to leave out paragraph (i). The noble Earl said: We have now dealt with matters connected with bicycles and turn to another important 1193 question that in regard to agricultural vehicles. I am very anxious not to detain your Lordships by repeating what has already been said. I think it most desirable that all vehicles should be treated in exactly the same way and that we should be perfectly certain, in whatever part of the country we may be, that if we see a light ahead of us of a certain kind that it means there is a vehicle in the way. If agricultural vehicles are to be treated differently we are surely opening the door to a very large number of accidents. I am not particularly enamoured of the Amendment which I myself have put down and I hope the Amendments which have been put down by the noble Lord, Lord Montagu of Beaulieu, may be accepted by His Majesty's Government, although I do not think they go nearly far enough.
§ We are once more dealing with the protection of people who ought for their own sakes to consent to what is proposed, although they may not think it desirable. We ought to be able to see a little bit further than they do themselves and insist on their being given the security which is demanded for them in the various Amendments that are before your Lordships' House. I look with a great deal of apprehension upon the way in which agricultural vehicles are treated differently from other vehicles. It means a danger to motorists as well as to the vehicles themselves. I suppose, in accordance with the usual custom, this will probably prove to be the Amendment on which a discussion may be taken on this subject, but, whether the discussion be on this Amendment or on some subsequent Amendment, I leave myself entirely at the convenience of your Lordships, only wishing to emphasise that agricultural vehicles ought to be treated in the same way as other vehicles which use the roads.
§
Amendment moved—
Page 4, line 21, leave out paragraph (i).—(Earl Beauchamp.)
§ VISCOUNT PEELThis paragraph does not apply specifically or only to agricultural vehicles. That question might very well be taken on the Amendment to be moved later by my noble friend Lord Montagu of Beaulieu. This paragraph deals with horse-drawn vehicles generally and the effect of this Amendment will be to require that all 1194 horse-drawn vehicles should carry a red rear lamp. The concession in the Bill is that if the vehicle or its load does not extend more than six feet behind the front lamps a red rear lamp need not be carried, provided that each of the front lamps shows a red light to the rear. This was a concession that was put in the Bill in order to cover short, two-wheeled vehicles such as gigs and pony traps. I submit that the position as it stands in the Bill is really sufficient to give security and that it is not necessary to put this class of vehicle on the same basis as all motor vehicles—that is to say, bring them back to the two white lights in front and the red rear lamp. I think the suggestion in the Bill is a reasonable one and I hope the noble Earl will not press his Amendment. The paragraph is limited in its application and the concession granted is one which might quite fairly, I think, be given in the case of these smaller vehicles. As noble Lords will see, if the vehicle or its load projects more than six feet behind the lamps the concession does not apply.
§ LORD MONTAGU OF BEAULIEUMay I appeal to the noble Earl to allow this, which is a compromise, to become law. No doubt the noble Earl has logic on his side. A horse-drawn vehicle, being the slowest on the road, ought if anything to have a stronger light behind than the faster vehicle because the faster vehicle overtakes it, whereas these smaller vehicles do not, as a rule, overtake motors. But if the two lamps do show a red light behind I think that is all we can reasonably require and I appeal to the Committee to confirm the compromise.
§ Amendment, by leave, withdrawn.
§ Amendments moved—
§ Page 4, line 22, leave out from ("carried") to ("if") in line 23.
§ Page 4, line 30, leave out ("drawn by horses or other animals").—(Viscount Peel.)
§ On Question, Amendments agreed to.
§ VISCOUNT PEEL moved, in paragraph (ii), to leave out "either to stack or barn in the course of harvesting operations or in connection with" and to insert "in the course of." The noble Viscount said: The words "either to stack or barn in the course of harvesting operations" are not necessary because they are covered by the words "internal 1195 operations of the farm." I propose to substitute for the words "in the course of the internal operations of the farm" the words "in connection with the internal operations of the farm." The reason for that is that they might otherwise be open—or so it has been suggested—to an interpretation rather wider than was intended.
§
Amendment moved—
Page 4, line 32, leave out from ("nature") to ("the") in line 34 and insert ("in the course of").—(Viscount Peel.)
§ On Question, Amendment agreed to.
§
Amendment moved—
Page 4, line 36, leave out ("lights") and insert ("lamps").—(Viscount Peel.)
§ On Question, Amendment agreed to.
§
VISCOUNT PEEL moved to leave out the provisos and insert:—
(iii) In the case of an agricultural implement and in the case of any vehicle used for the time being by a person engaged in agriculture for the conveyance of his agricultural produce or articles required by him for use in agriculture, otherwise than as aforesaid:
§ The noble Viscount said: This Amendment is really a redrafting of the paragraph in order to make it a little clearer. It is difficult to define the precise extent of the concession to agricultural vehicles proposed in Clause 6 and so I propose this Amendment to the wording of the proviso. The words "vehicles constructed for and used for the time being in agricultural operations" are not quite precise enough, and therefore we propose to define the exact nature of vehicles and the operations which are intended to be covered. That is done in the first part of the proposed paragraph (iii) and we propose to define the expression "agriculture" by an Amendment which I have placed on the Paper to Clause 14. I have already stated on the Motion to go into Committee the main object of this 1196 proviso and of the concession given to agriculture.
§
Amendment moved—
Page 4, line 36, leave out from ("lights") to the end of the clause and insert the said paragraph (iii).—(Viscount Peel.)
§ LORD MONTAGU OF BEAULIEU moved, in the proposed paragraph (iii), after "conveyance," to insert "in the course of the internal operations of the farm." The noble Lord said: My Amendment is designed to make this concession a purely agricultural concession and not a general concession. It is intended to provide that the concession should only apply to vehicles moving produce from one part of the farm to another, or, in the case of harvesting operations, from the field to the farmyard, and that vehicles should not be exempted from the general law if they are moving produce to or from a railway station or from one farm to another along the high road. It is very important, I think, that this should be defined. The wording of the noble Viscount's Amendment, it seems to me, might be held to cover the case of a load of potatoes going from a farm to a railway station many miles away on a main road. I think the words which I propose provide a useful definition and that it is in the interests of public safety that my Amendment should be passed.
§
Amendment to the Amendment moved—
Line 4, after ("conveyance") insert ("in the course of the internal operations of the farm.").—(Lord Montagu of Beaulieu.)
§ LORD CLINTONThis clause is the only clause which pays any consideration to any interest whatever except the interest of motor users. Almost all the speeches we have heard to-night have been entirely from the motorists' point of view. I regret very much that the noble Lord below me should endeavour to extinguish this very small spark of sympathy which, somehow or other, has worked in the mind of the Minister of Transport. Agriculturists, after all, should get reasonable consideration.
§ LORD MONTAGU OF BEAULIEUThey have got it.
§ LORD CLINTONThe farmer makes roads at very great cost to himself, or at any rate contributes to a very large 1197 extent to roads which are of very little use to him and are laid out entirely for the benefit of the motor user. The whole trouble to my mind is that every motor driver in the country drives much too fast. If a motorist drives at a reasonable rate of speed a single light is quite sufficient to guard him and the drivers of horse-drawn vehicles from any danger. I hope very much that the noble Viscount will refuse to accept this Amendment.
§ LORD DANESFORTI entirely agree with the noble Lord who has just spoken. In my judgment there is far too much attention paid, not only in this Bill but in many other Bills, to the interests of motorists who want to go at 50 or 60 miles an hour along the roads to the detriment of agriculturists and other people who want to use the roads in a reasonable manner. My noble friend Lord Montagu of Beaulieu wants to cut down this relatively small concession which is given to agriculturists and to hamper, as I venture to think, the agriculturist in carrying on his farm. He wants to draw a distinction between the man who takes grain from the field to the stack yard and the man who wants to take grain from the field to the railway station. I think that is entirely unreasonable. Surely this is not a time to hamper agriculture in any way. I should have thought we ought to take the opportunity as far as we can of assisting the operations of agriculturists. I have had occasion before now to say that enormous expense is being incurred to-day upon country roads, straightening roads when there is no occasion to straighten them, widening where there is no reason for widening except to give facilities to motorists who want to drive at 50 or 60 miles an hour. All these costly road operations are entirely misconceived. They are against the interests of the country people and they involve enormous expenditure in rates as well as in taxation. Therefore I sincerely hope that the Government will stand fast and not allow agriculture to be prejudiced in the way which Lord Montague of Beaulieu desires.
§ VISCOUNT NOVARI should like to support very strongly what was said by Lord Clinton on this subject. There is a great deal of feeling in the agricultural industry on this particular subject. Personally I do not think farm carts ought to be obliged to carry lights at all. 1198 It is a very great inconvenience and I entirely agree with what the two noble Lords have said that farming interests are being sacrificed to motorists. In fact I sometimes think that the one thing that keeps the motorist in some sort of order after dark is the knowledge that there may be a good solid farm cart with no lights on it in the road. I know of nothing else that exercises any good influence over him. We have these roads laid out at extraordinary expense. The Government may give a couple of millions towards a road between Glasgow and Edinburgh, or on the same scale elsewhere, and the road is sometimes abandoned, as in a well-known case in the West of Scotland lately. Nevertheless the expense is the heaviest burden that many counties have to bear, and in no way has the agricultural industry been considered in connection with motorists and the particular kind of roads that are provided for them, on which our horses can hardly stand when they try to drag a load. I sincerely hope that every possible concession will be made to the requirements of agriculture. We are not in a position at this moment to have any additional burdens put upon us.
§ VISCOUNT PEELIt may be convenient if at this point I state the attitude of the Government regarding this Amendment. Let me make the proposal of the Bill quite clear. What is the concession proposed in the Bill as it was brought to your Lordships? The concession is that these vehicles or implements engaged in agriculture shall carry one light as against two offside lights to the front, and they need not carry a red light if a good red reflector is carried or if the front light shows a red light to the rear. The lights must be visible for a reasonable distance and the vehicle must not project more than six feet behind it. That is the concession to agriculturists, and my noble friend seeks to limit this concession to implements or farm carts when they are engaged in the internal operations of the farm. If there is a road running between two portions of a farm and if, in the course of agricultural operations, a cart has to move a little distance along that road to get from one to the other, then, if the Amendment is carried, this concession will be enjoyed. But if the cart or implement is going to another farm or to the railway station—
§ LORD MONTAGU OF BEAULIEUOr to the market.
§ VISCOUNT PEELOr to market, then the Amendment of my noble friend excludes it. The provision in the Bill was accepted in Committee in another place, and I do not think that it was discussed on Report. I am not sure that there was much opportunity for discussion on that occasion. To tell the whole story, I believe that the Conservative agricultural committee in another place was ready to accept an Amendment in the terms proposed by my noble friend. This Amendment is, no doubt, strongly pressed by the motoring associations. They object very strongly to the provision as it stands in the Bill on the ground that one front light would not indicate the width of the vehicle, which would consequently be a source of danger to other road users. That is the position of the motorists. On the other hand, you have the position of the farmers, whose view is that this concession should not be diminished to the extent to which it undoubtedly would be diminished by my noble friend's Amendment. It is not for me to say that there may be some practical difficulties—for they are obvious—in knowing whether a cart that is going to pass along the road should have one light or two. There may or may not be practical difficulties, but your Lordships can judge of that point extremely well for yourselves. On behalf of the Government I should like to say that they desire to leave this matter entirely to the views of your Lordships. Accordingly I do not desire, as representing the Ministry, to press either view upon you. So far do I go in my impartiality that I do not wish to press or to impress even my personal view of this particular Amendment.
§ THE PARLIAMENTARY SECRETARY OF THE MINISTRY OF AGRICULTURE AND FISHERIES (LORD BLEDISLOE)Thanks to the dispensation which the noble Viscount, my colleague, has just permitted even to members of His Majesty's Government, I find it possible to support with considerable enthusiasm the opposition to this Amendment which has been so well voiced by the noble Viscount, Lord Novar, and others. Let me put this point of view. My noble friend Lord Montagu of Beaulieu has provided for an exception in the case of a farm cart crossing a road where one part of a 1200 farm lies on one side of a road and another on the other. Can you conceive of anything more dangerous than a vehicle going at right angles, as compared with a vehicle going along the road with other vehicles in front and behind? In fact, the noble Lord has allowed to remain, if I may venture to say so, the very position in which farm vehicles are more dangerous than in their ordinary travels along the road.
Consider for a moment the position of the farm vehicle. After all, it is a horse-drawn vehicle, and it is, speaking generally, the slowest-moving of all horse-drawn vehicles on the road. The Bill specially provides that it shall have a bright light in front on the offside, which makes it clear to any other vehicle passing that the farm vehicle is there. It also provides most specifically for a red light behind. But it does not stop there. The noble Lord, Lord Montagu of Beaulieu, in the course of the discussion on the Motion to go into Committee, talked about the farm wagon. But the British farm wagon is more than six feet long, and therefore the Bill does not even apply to the wagon. It applies only to the ordinary short farm cart, generally known in country districts in England as a dung cart, and practically to no other farm vehicle.
Surely, as my noble friend Lord Novar has said, this is not a moment to add any sort of burden of any kind to the agricultural community. Goodness only knows, they are "under the weather" in several senses at present, and they very strongly object to this change in the form of the Bill as it left the House of Commons, where, after all, their representatives are mainly to be found. I thought that I should hear something about compromise but, after the speech of the noble Earl opposite, I gather that he hesitates to offer a compromise in this connection. It is the fact, I believe, that my noble friend Lord Montagu of Beaulieu, with his usual eloquence and diplomatic zeal, somehow or other persuaded the Conservative agricultural committee in the House of Commons, I will not say to fall in with his views, but at any rate to acquiesce, I think rather reluctantly—
§ LORD MONTAGU OF BEAULIEUI had nothing to do with it.
§ LORD BLEDISLOEIf the noble Lord had nothing to do with it, the association of which he is such a distinguished representative did enter into negotiations, and those negotiations, I am told, were successful in bringing about a compromise. For my part I entirely agree with the view of the noble Lord opposite—his present view—about compromises made behind the back of the two Houses of Parliament, and for that among other reasons I hope that your Lordships will reject this Amendment.
§ EARL BEAUCHAMPI am sorry to say that I do not find myself in complete harmony with the noble Lord on the subject of compromises. There are compromises and compromises, and it seems to me that on this occasion a compromise that has been entered into after so much discussion and by general agreement carries, or ought to carry, a good deal of weight in your Lordships' House. I would venture to submit to your Lordships that this is a matter which we should really consider for ourselves. Is it not really rather a serious thing that we should entirely exempt all marketing carts coming into any town? Do not let us think of London with its improving arterial roads. Think of the smaller towns, such as are in the county with which the noble Lord is so largely and well connected. Is it not really rather much to ask that every single cart coming into every market town, carrying produce, should be exempt from the general rule of carrying two lights in front? It would largely increase the danger upon our roads. After all we have to think of every single town in this country, which is provisioned day by day in the way of vegetables by carts coming in from outside. In every one of those cases we shall find the danger of the roads added to by this regulation, and I think that your Lordships will be well advised in accepting the Amendment of Lord Montagu of Beaulieu.
EARL RUSSELLLord Bledisloe knows very well that I accept him unhesitatingly as my guide in matters of agriculture, about which I know nothing, but surely the Conservative agricultural committee to which he referred is also competent to speak for agriculture, and if they have been persuaded, not as it appears by the words of the noble Lord but by the merit of the case itself, without 1202 his assistance, to regard this proposal as reasonable, I think we must not look upon it as entirely concluded on the side of agriculture. They have at any rate an open mind, like the noble Viscount in charge of the Bill. Surely it is not too much to ask that horse-vehicles going, perhaps eight miles, along our roads from the farm to the market town, should be lit like other vehicles. The noble Lord is merely seeking to say that when a farm vehicle becomes an ordinary road user, and joins in the general traffic of the road, it ought to conform to general law, because otherwise it will cause a great deal of confusion. I cannot help thinking that no hardship has been shown to be put upon the agricultural industry by this Amendment. I am told they do not like it, and I heard what was said about the burdens upon agriculture, but what real hardship is it to light vehicles in the way proposed? I hope that before your Lordships leave the Bill you will consider whether it is wise to add this danger to traffic, and what justifies the farmers in asking for this exemption.
§ LORD MONTAGU OF BEAULIEUI want at once to say that I have nothing whatever to do with the drafting of the words, or with the agricultural committee in the House of Commons when this was agreed to as a compromise. With regard to the pathetic description of a dung cart by Lord Bledisloe, and the inability of the farmer to provide a light, which costs but half a crown, to light his cart from the farm to the market, I may remark that the word "agriculture" is defined at the end of the Bill as including "the use of land as meadow or pasture land, or orchard land, or for market gardens or allotments." That covers every cart coming into and going out of a big town, and the nightly traffic into London, which is already a great source of difficulty and danger. The broad principle, I think, is this: so long as a cart is used for purely agricultural purposes, on the farm and between the farm and the fields, special exemption is quite fair, but if that vehicle is used between the farm and the market, which may be ten miles away, or more, then it ought to be subject to the same regulations as other vehicles on the road. Just think of the illogical position, when you can have a dealer's cart bound to conform to the general law, and a 1203 farmer's cart, doing exactly the same thing, not having to conform to the general law. I think it would be better to adopt the words which are on the Paper.
§ VISCOUNT COWDRAYMy Lords, the proposal does not seem to me to be quite so simple as the noble Lord thinks it. To start with, there is the question of a windy day. After working on the farm all day a labourer has suddenly got to light hurricane lamps and hitch them on to the wagons, to get home. If it were possible to define it so that it was restricted to genuine work on the farm, I should be in sympathy with the Amendment.
§ LORD MONTAGU OF BEAULIEUIt is so.
§ VISCOUNT COWDRAYMy reading of the clause may be wrong, but I do not find it as clear as is suggested. As I read this wording a cart has to be laden with the produce which it has been working on to be exempt, and supposing it has been working in the fields all day
§ Resolved in the negative, and Amendment to the Amendment disagreed to accordingly.
EARL RUSSELLMy Lords, I want to ask the noble Viscount a question about the last paragraph of this clause. By that paragraph, if the vehicle is not more than 6 feet long it is not required to
§ and then goes back to the homestead empty, it appears to me that it is not exempt under the clause as drafted. I think it comes back to the point raised by the noble Earl below me, that we are rushed into considering this Bill and really ought to be given more time to see what it means.
§ LORD CHARNWOODI come from a county where the requirements which obtain in the Amendment are actually in force under existing by-laws. It is true that it gives rise to a few cases of hardship where a wagoner from an adjacent county ignorant of the by-laws comes over the border, but among the many complaints which I am accustomed to hear from agricultural friends in my own neighbourhood, I have never heard one single word of complaint that the proposal now being advocated is a hardship upon the agricultural community.
§ On Question, Whether the said words shall be inserted in the Amendment?
§ Their Lordships divided: Contents, 23; Not-Contents, 26.
1203CONTENTS. | ||
Airlie, E. | Bertie of Thame, V. | Fairlie, L. (E. Glasgow.) |
Beauchamp, E. | Haldane, V. | Hampton, L. |
Clarendon, E. | Merrivale, L. | |
De La Warr, E. | Arnold, L. | Montagu of Beaulieu, L. [Teller.] |
Iveagh, E. | Ashton of Hyde, L. | |
Russell, E. [Teller.] | Charnwood, L. | Muir Mackenzie, L. |
Sandwich, E. | Clwyd, L. | Swaythling, L. |
Cottesloe, L. | Thomson, L. | |
Astor, V. | Dawson of Penn, L. |
NOT-CONTENTS. | ||
Salisbury, M. (L. Privy Seal.) | Leven and Melville, E. | Clinton, L. [Teller.] |
Lucan, E. | Danesfort, L. [Teller.] | |
Onslow, E. | Dynevor, L. | |
Northumberland, D. | Plymouth, E. | Gage, L. (V. Gage.) |
Stanhope, E. | Harris, L. | |
Winchester, M. | Kintore, L. (E. Kintore.) | |
Cowdray, V. | Lawrence, L. | |
Buxton, E. | Novar, V. | Lovat, L. |
Cranbrook, E. | Peel, V. | Olivier, L. |
Grey, E. | ||
Iddesleigh, E. | Bledisloe, L. | Stanmore, L. |
On Question, Amendment agreed to.
§ carry a red light to the rear if the red light at the front shows a red light to the rear or has a red reflector "visible from a reasonable distance." If this vehicle is carrying a load, and therefore is of a certain height, can its red light be seen except from directly behind? Will not there be a very large number of positions askew to that position, from which a red light shown from the front 1205 will necessarily be invisible, and will the provision therefore not be ineffective as a protection?
§ VISCOUNT PEELIn that case it would not meet the provisions of the paragraph, because the paragraph states that the light must be "visible from a reasonable distance," and in the case propounded by the noble Earl the user of such a lamp would not be covered.
EARL RUSSELLI think that unless, after the words "at a reasonable distance," you insert "and at a reasonable angle" he may be, because you might perfectly well see the light at a reasonable distance of, say, one hundred feet, if you were straight behind, but not from a distance of ten feet if you were across the other side of the road. Perhaps the noble Viscount will consider it before the Report stage.
§ VISCOUNT PEELI will, but I should have thought "a reasonable distance" implied "at a reasonable angle."
§ Clause 6, as amended, agreed to.
§ Clause 7:
§ Vehicles carrying overhanging or projecting loads.
§ 7. Subject to the foregoing provisions of this Act—
- (1) On any vehicle carrying a load overhanging laterally more than twelve inches from the centre of the nearest side lamp, an additional lamp showing to the front a white light visible from a reasonable distance shall be carried on the side or sides on which the load so overhangs, and shall be so placed that no part of such load shall project outwards more than twelve inches beyond a vertical line through the centre of such additional lamp;
- (2) On any vehicle carrying a load projecting to the rear more than six feet behind any lamp showing a red light to the rear carried in accordance with the provisions of this Act an additional lamp showing to the rear a red light visible from a reasonable distance shall be carried so that no part of such load shall project to the rear more than six feet measured horizontally beyond such additional lamp.
§ VISCOUNT PEEL moved, in paragraph (1), to leave out "an additional" and to insert "a". The noble Viscount said: This is to make it clear that the lamp which indicates the width of the overhanging load may be in substitution for, not in addition to, the existing lamp, so 1206 that you would not have two lamps on the same side.
§
Amendment moved—
Page 5, line 13, leave out ("an additional") and insert ("a").—(Viscount Peel.)
§ On Question, Amendment agreed to.
§ Amendments moved—
§ Page 5, line 15, after ("shall") insert ("in substitution for or in addition to such side lamp").
§ Page 5, line 16, leave out ("sides") and insert ("each side").
§ Page 5, line 20, after ("such") insert ("substituted or")—(Viscount Peel.)
§ On Question, Amendments agreed to.
§ VISCOUNT PEELThe next two are drafting Amendments, dealing with the same point. I beg to move.
§ Amendments moved—
§ Page 5, line 24, after ("rear") insert ("or the red reflector").
§ Page 5, line 26, leave out ("an additional") and insert ("a").—(Viscount Peel.)
§ On Question, Amendments agreed to.
§ VISCOUNT PEELThe next Amendment also deals with the same point. I beg to move.
§
Amendment moved—
Page 5, line 28, after ("carried") insert ("in substitution for or in addition to such lamp or reflector").—(Viscount Peel.)
§ LORD CLINTONI presume that can only apply to reflectors used on bicycles, and I would like to ask the noble Viscount whether that is so or not. I imagine it is only in connection with bicycles that reflectors are allowed and the reason is due to the difficulty of keeping the rear lamp alight and because reflectors are exceedingly useful. Another case in which it is extremely difficult to keep a lamp alight is on that somewhat dangerous vehicle, the timber haulier's wagon. Timber hauliers themselves have made considerable experiments in the carrying of lights on the wagon tail, and they cannot keep any light going owing to the vibration of the wagon itself and the jolting of the load. I should like to know whether the reflectors mentioned in this clause can be made compulsory upon those wagons. If there was any better way of lighting their wagons I think the timber hauliers would agree to it. They consider that in order to get safety they should have a light.
§ VISCOUNT PEELI do not know whether this closely arises under this Amendment, but the point raised by my noble friend is with respect to timber hauliers, I understand. If he will look at the Amendment which deals with the definition of agriculture he will there see that woodland is excluded; that is to say, this particular advantage which applies to agriculture will not apply to those who are drawing wood, and I think the reason is obvious. Some of the most dangerous things on the road are these long timbers which are being hauled. I understand that my noble friend would like them to have reflectors and not lights; but if you have a reflector at the end of these long poles, the poles may wobble and waggle about in all sorts of ways and the reflector will not really make the poles or the wagon very visible to a motorist who is coming behind. I understand there is some objection, on the ground I think of expense, but I am told there is a very cheap dry battery those concerned could acquire which would fulfil all the requirements of a lamp. I do not think it would be possible to permit them to have these reflectors which are put upon bicycles. They are easily fixed upon bicycles, but it is extremely difficult to fix them upon the end of these long timbers in such a way as to make them efficient. I know my noble friend is very much interested in this question as Chairman of the Forestry Commission, and I hope he will accept this exemption and not insist that a reflector shall be applied to a vehicle to which it is not so applicable as it is to a bicycle.
§ VISCOUNT PEELIt is in the Amendments later on.
§ LORD CLINTONAs the noble Viscount says, timber is not included in the expression "agriculture." He also said that it would be very simple for the timber hauliers to get another form of light which would serve the purpose, and he suggested a cheap dry battery. The cost of such a cheap dry battery is small and would not amount to more than 4d. or 6d. a day; but the difficulty is that these men are working sometimes at very great distances from places where refills 1208 can be obtained and that would mean difficulty in keeping the lights going. As a result you will have cases in which these wagons are short of light through no fault of their own. I believe a way could be found of fixing reflectors, and that would certainly take away the main part of the danger and would be very acceptable to the timber hauliers themselves.
§ VISCOUNT PEELI should be very glad to have that question examined into and to see by experiment with reflectors whether they would be useful in meeting this difficulty. I will certainly do that, but I think my noble friend very well understands the danger.
§ On Question, Amendment agreed to.
§ VISCOUNT PEELThe next Amendment is drafting. I beg to move.
§
Amendment moved—
Page 5, line 30, after ("such") insert ("substituted or").—(Viscount Peel.)
§ On Question, Amendment agreed to.
§ Clause 7, as amended, agreed to.
§ Clause 8 [Special provisions as to vehicles towing and being towed]:
§
VISCOUNT PEEL moved to insert after subsection 1:—
and
(ii) if a vehicle being drawn or any load carried thereon projects laterally on either side more than twelve inches beyond the outermost of the lamps showing a white light to the front on that side carried by the vehicle by which it is being drawn or by any preceding vehicle which is also being drawn by the same vehicle a lamp showing to the front a white light visible from a reasonable distance shall be carried on the side or each side on which the vehicle or its load so projects and shall be so placed that no part of the vehicle or its load shall project outwards more than twelve inches beyond a vertical line through the centre of such lamp.
§ The noble Viscount said: The Amendment is expressed at some length but it is perfectly simple. It is a case of where one vehicle is dragging another which is a good deal wider. Clearly you must have a light on the wider vehicle to show the limits on each side of that wider vehicle otherwise the motorist might think the vehicle behind was of exactly the same width as the one in front which was carrying its lights. That is really 1209 the whole point, and I think the Amendment is essential.
§
Amendment moved—
Page 6, line 4, at end insert the said new paragraph.—(Viscount Peel.)
§ On Question, Amendment agreed to.
§ Clause 8, as amended, agreed to.
§ VISCOUNT PEEL moved, after Clause 8, to insert the following new clause:—
§ Regulations as to reflectors.
§ " . The Minister may if he thinks fit by regulations prescribe the conditions with which reflectors carried on vehicles in accordance with the provisions of this Act or of any regulations made thereunder must comply and the position and manner in which they are to be attached."
§ The noble Viscount said: This Amendment is rendered necessary because reflectors are no longer confined to bicycles and regulations will have to be made. I beg to move.
§
Amendment moved—
After Clause 8, insert the said new clause.—(Viscount Peel.)
§ On Question, Amendment agreed to.
§ Clauses 9 to 12 agreed to.
§ Clause 13:
§ Application.
§ 13.—(1) This Act shall not apply to tram-cars or trolley vehicles, but save as aforesaid shall apply to vehicles of every description, and shall apply to machines and implements of any kind drawn or propelled along roads whether by animal or mechanical power as it applies to vehicles.
§ VISCOUNT PEEL moved, in subsection (1), after "This Act shall not apply to," to insert "railway locomotives, carriages and trucks or to." The noble Viscount said: I move this Amendment because railway locomotives and wagons are occasionally used on roads near the docks but are subject to their own regulations for lighting. Therefore, it is not necessary to make rules.
§
Amendment moved—
Page 7, line 18, after ("to") insert ("railway locomotives, carriages and trucks or to").—(Viscount Peel.)
§ On Question, Amendment agreed to.
§ Clause 13, as amended, agreed to.
§ Clause 14 [Interpretation]:
§ EARL BEAUCHAMP had given Notice to move to leave out the definition of 1210 "invalid carriages." The noble Earl said: I understand that at an earlier stage of the proceedings the noble Viscount successfully moved out the words "invalid carriages."
§ EARL BEAUCHAMPDoes it not, therefore, become necessary that this Amendment of mine should be accepted, or else how does the Bill affect invalid carriages? The noble Viscount moved an Amendment to Clause 5 (Page 3, lines 41 and 42) to leave out "and invalid carriages." That, I think, is the only reference to invalid carriages in the whole Bill. If that is so it is unnecessary to refer to them in the definition clause.
§ VISCOUNT PEELIs not this consequential on the noble Earl's Amendment to Clause 5 and stands or falls with it?
§ EARL BEAUCHAMPI think it is consequential upon the noble Viscount's Amendment which leaves out of Clause 5 the words "and invalid carriages." I think that is the only place in the Bill where they are referred to; but if there is any misunderstanding in the matter I am prepared to do whatever the noble Viscount wishes, if he will be good enough to look into it between now and the Report stage to-morrow.
§ VISCOUNT PEELCertainly. We seem to be at issue about the consequential nature of our respective Amendments.
§ EARL BEAUCHAMPYes. I do not move the Amendment.
§
VISCOUNT PEEL moved to add to the clause:—
The expression 'agriculture' includes the use of land as meadow or pasture land or orchard land or for market gardens or allotments but does not include the use of land as woodland, and the expression 'agricultural' shall be construed accordingly.
The noble Viscount said: This is a definition of agriculture. It is rather a remarkable definition. The object of it is to exclude forestry. As I have already said, timber on the road is one of the most dangerous things and therefore we cannot give the concession to that portion of agriculture. I beg to move.
§
Amendment moved—
Page 8, line 13, at end insert the said definition.—(Viscount Peel.)
§ EARL DE LA WARRDoes this include arable land?
§ VISCOUNT PEELI am interested in the noble Earl raising that point. I raised it myself with the draftsman. I said it was a remarkable thing that the only kind of agriculture that apparently was not excluded is that which I should specially call agriculture, but I was told by the draftsman (and I accept it) that arable land is inherent in the very term agriculture.
EARL RUSSELLThe draftsman may be technically right, but I think it may be put in. To the ordinary person it looks as if arable land was the one thing left out.
§ VISCOUNT PEELAs an ordinary person I thought the same as the noble Earl, but I was assured by the draftsman that it was not necessary.
§ On Question, Amendment agreed to.
§ Clause 14, as amended, agreed to.
§ Clause 15:
§ Short title, commencement and extent.
§ 15.—(1) This Act may be cited as the Road Transport Lighting Act, 1927.
§ (2) This Act shall come into operation on the first day of January, nineteen hundred and twenty-eight.
§ (3) This Act shall not extend to Northern Ireland.
§ VISCOUNT PEEL moved, in subsection (2), to leave out "first" and insert "twenty-second." The noble Viscount said: This and the following Amendments are to give a little time to people to adjust themselves to the new rules which are to come in with summer time.
§
Amendment moved—
Page 8, line 16, leave out ("first") and insert ("twenty-second").—(Viscount Peel.)
§ On Question, Amendment agreed to.
§ Amendment moved—
§ Page 8, line 17, leave out ("January") and insert ("April").—(Viscount Peel.)
§ On Question, Amendment agreed to.
§ Clause 15, as amended, agreed to.
§ Schedule:
§ VISCOUNT PEELThe provision to be repealed is one applicable to hackney carriages in London. As they would now be subject to the general provisions of 1212 the Bill, this particular provision is not necessary.
§ Amendment moved—
§ Page 9, line 4, insert:
("32 & 33 Vict. c. 115. | The Metropolitan Public Carriage Act, 1869. | In section nine the restriction numbered (3).") |
—(Viscount Peel.) |
§ On Question, Amendment agreed to.
§ Schedule, as amended, agreed to.