HL Deb 14 May 1953 vol 182 cc540-5

4.0 p.m.

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Llewellin.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF DROGHEDA in the Chair]

Clause 1 [Reflectors to be carried by vehicles at night]:

LORD LLEWELLIN moved, after subsection (1), to insert: (2) Where a vehicle's tail light is so constructed that, when not showing a light, it is an efficient red reflector complying with any regulations made for the purposes of this section under section nine of the principal Act which apply to the vehicle, it shall be treated for the purposes of this section as being such a reflector when it is, as well as when it is not, showing a light. In this subsection, "tail light" means, in relation to any vehicle, any lamp carried attached to the vehicle for the purpose of showing a red light to the rear in accordance with the principal Act, as amended, or regulations there under.

The noble Lord said: This is a simple and, I suggest, sensible Amendment. The provision in the Bill is that road vehicles, at any rate of two-wheel width, shall have two rear lamps and two red reflectors. The red reflectors are largely to be there as a standby on occasions when the rear lights go out, or are left out. This Amendment provides that where a rear lamp is so constructed as to act as a reflector it is unnecesary to have a separate reflector as well. There are such lamps manufactured and in use overseas, and I am told that they are quite efficient. This has been suggested by the industry. As I say, I feel that it is a sensible Amendment, and I ask your Lordships to accept it. I beg to move.

Amendment moved— Page 1, line 28, at end insert thesubsection.—(Lord Llewellin.)

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

Clause 2:

Increase in number of rear red lights to be carried by vehicles at night

(4) On the coming into operation of subsection (1) of this section in relation to any particular class or description of vehicle, the following amendments of the principal Act shall have effect in relation to that class or description of vehicle—

  1. (a) section five of the principal Act (which modifies the provision; of that Act in its application to bicycles, tricycles and invalid carriages) shall be amended by the addition at the end of paragraph (a) of the words "and in the case of a bicycle or tricycle not propelled by mechanical power, or of a bicycle propelled by mechanical power and not having a sidecar attached thereto, only a single lamp showing a red light to the rear instead of two such lamps need be carried";

LORD LLEWELLIN moved, in subsection (4), at the end of paragraph (b) to insert:

"and by the insertion in place of the repealed paragraph (b) of the following paragraph:—

The noble Lord said: I feel that there should be no secret about this Amendment, which carries out the effect of the Amendment standing in the name of my noble friend Lord Waleran. But whereas I do not think my noble friend had the advantage of the services of the Parliamentary draftsman, I had that advantage.

The simple proposition put forward, and assured by this Amendment, is that as a sidecar will now require, on the sidecar itself, not only, as before, a front white light, but also a rear red light, the two lights may be provided by the same lamp, and I suppose by the same electric bulb. In other words, under this Amendment there need not be two lamps, one shining out white to the front and another shining out red to the back; one bulb can have a white glass in front shining out white in that way, and a red glass at the back shining out red. This has the further advantage that it not only saves cost but also enables the man driving the motor-cycle and sidecar to know that his rear light is out, because he will then not see the white light shining past him, and he will be aware that not only is that out but the red rear part of it also is out. With that short explanation, I trust that your Lordships will accept this Amendment. I beg to move.

Amendment moved— Page 3, line 28, at end insert the said words.—(Lord Llewellin.)

LORD WALERAN

I should like to thank the Government for re-drafting the Amendment I had down on the Marshalled List. This Amendment gives the motoring organisaions all that they wish. I do not think there is anything I can add to the explanation given by my noble friend Lord Llewellin, and I should like to support him in this Amendment.

LORD WINSTER

I gather from this Amendment that there will be two lights on the motor-cycle and the sidecar, one in front showing red and white, and the rear showing red only. I should like to ask the noble Lord whether they will be carried on opposite sides of the motor-cycle and combination, which I think would be desirable.

LORD LLEWELLIN

There will be four lights showing. There will now be on the motor-cycle a white light, showing to the front; and there will be the rear red light, which also, presumably, will illuminate the number plate. Under the law, as at present, there has to be on the sidecar a white light shining out forwards. This Bill provides that the machine shall have also a red light on the outside of the sidecar, furthest away from the motor-cycle, shining to the rear. This Amendment ensures that both lights on the sidecar can be illuminated by the same lamp and the same bulb.

LORD WINSTER

I am only anxious that both sides of the motor-cycle and sidecar should be illuminated.

LORD LLEWELLIN

That is the case. Two will be on the motor-cycle, as at present, and the other light on the mudguard of the sidecar.

LORD WINSTER

Both the nearside and the offside will be covered?

LORD LLEWELLIN

Yes.

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

Clause 3:

Rear lights on vehicles with projecting or overhanging loads

3.—(1) Where a vehicle on a road during the hours of darkness carries a load projecting to the rear more than three and a half feet behind its tail light, it shall carry a rear lamp in such a position that no part of the load projects to the rear more than three and a half feet behind that rear lamp.

LORD LLEWELLIN had given notice of an Amendment to add to subsection (1): Provided that the Minister may by regulations direct that in relation to vehicles of any prescribed class or description this subsection shall have effect with the substitution for references to three and a half feet of references to such longer distance as may be prescribed in relation to vehicles of that class or description.

The noble Lord said: Clause 3 of the Bill provides that where a vehicle has an overhanging load the lamp on the back of it has to be within 3 feet 6 inches of the furthest back part of the load. The distance has hitherto been 6 feet. Since the Bill had its Second Reading in your Lordships' House representations have been made that in one or two cases of vehicles already constructed the distance of 3 feet 6 inches is insufficient. This Amendment—which I desire to move in a slightly altered form, which I will read to your Lordships in a moment—is intended to give the Minister of Transport power, in exceptional cases, to lengthen the 3 feet 6 inches. I propose after the word "distance" in the Amendment to insert the words "not being more than six feet." I feel that we must give this latitude to some existing vehicles. I beg to move.

Amendment moved—

Page 3, line 44, at end insert— ("Provided that the Minister may by regulations direct that in relation to vehicles of any prescribed class or description this subsection shall have effect with the substitution for references to three and a half feet of references to such longer distance not being more than six feet as may be prescribed in relation to vehicles of that class or description.")—(Lord Llewellin.)

On Question, Amendment agreed to.

4.10 p.m.

THE EARL OF BIRKENHEAD moved, after subsection (4) to insert: (5) Nothing in paragraph (iii) of section six of the principal Act (which exempts horse drawn agricultural vehicles from carrying rear lamps) shall exempt any implement or vehicle to which that paragraph applies from complying with this section or any regulations made under it, but in relation to any such implement or vehicle a reference to the red reflectors required by section one of this Act shall be substituted for the reference in subsection (1) of this section to the tail light. (6) In paragraph (i) of the said section six (which allows a horse drawn vehicle to combine its front and tail lights if neither it nor its load extends more than six feet behind the combined light) for the words "six feet" there shall be substituted the words "three and a half feet".

The noble Earl said: I beg to move the Amendment standing in my name. I think this is a perfectly inoffensive affair, but perhaps I may say a few words in an attempt to explain it. The effect of subsection (5) would be to extend to agricultural horse-drawn vehicles (notwithstanding their exemption under Section 6 (iii) of the principal Act from the need to carry normal rear lamps) the obligation under subsections (1) and (2) of Clause3 to carry rear lamps on loads projecting to the rear or side of such vehicles. The effect of subsection (6) would be to render Section 6 (i) of the principal Act ineffective, since no horse-drawn vehicle is likely to extend less than 3 feet 6 inches behind its combined side (front) and rear lamps, and would bring the law into line with what is proposed for other classes of vehicles. The provisions, which I think are quite logical and are consistent with the rest of Clause 3 of the Bill, were omitted from it in another place only to give time for consultation with the Ministry of Agriculture and Fisheries and the National Farmers' Union. No serious objection is expected by these bodies to the two provisions which are now proposed accordingly. I beg to move.

Amendment moved— Page 4, line 21, at end insert the said subsections.—(The Earl of Birkenhead.)

LORD LLEWELLIN

I am quite prepared to accept the inclusion of this Amendment in the Bill.

On Question, Amendment agreed to.

Clause 3, as amended, agreed to.

Clause 4 agreed to.

Clause 5 [Supplementary provisions about regulations]:

THE EARL OF BIRKENHEAD moved to insert at the beginning of subsection (2): Without prejudice to section thirty-seven of the Interpretation Act, 1889,".

The noble Earl said: I beg to move the Amendment standing in my name. I will attempt to explain this Amendment, which is equally innocuous, although couched in somewhat difficult language. The Amendment is intended to make it clear that nothing in Clause 5 (2) is to be taken as derogating from the provisions of Section 37 of the Interpretation Act, 1889. This section provides shortly that where an Act confers power to make any instrument or to do any other thing for the purposes of the Act, that power, unless the contrary intention appears, may be exercised at any time after the passing of the Act but before it comes into operation so far as may be necessary or expedient for the purpose of bringing it into operation at the date of its commencement.

So far as this Bill is concerned, Clause 5 (2) is needed to enable regulations to be made under Clause 2 (2) and Clause 3 (2) before these clauses come into operation, in order that their requirements may be made known in advance. Such regulations would, of course, only come into operation contemporaneously with these clauses. In the absence of Clause 5 (2) it would be necessary first to bring Clauses 2 and 3 into operation and obviously only then could the regulations be made. The existence of Clause 5 (2) however, without such words as are now proposed to be added, might cast doubt upon what has been done under other Acts, as it might be argued that it was necessary not only for the reason referred to above but also for the reason that, since Section 37 of the Interpretation Act, 1889, refers to an "Act" as opposed to "an enactment," it applies only where all the provisions of an Act are to come into operation contemporaneously, and not where, as in the case of this Bill, separate provisions come into operation on different dates. I beg to move.

Amendment moved— Page 5, line 8, at beginning insert ("Without prejudice to section thirty-seven of the Interpretation Act, 1889,").—(The Earl of Birkenhead.)

On Question, Amendment agreed to.

Clause 5, as amended, agreed to.

Remaining clause agreed to.

House resumed.