§ Mr. McEnteeasked the Minister of Transport whether his attention has been called to a case heard in the court at Chatham in which the charge against a motorist, who pulled out of a line of traffic and crossed the white line in the road centre, thus becoming involved in an accident, was dismissed on the ground that the Highway Code is not law; and, in view of this and similar cases, will he take steps to give the provisions of the Highway Code the force of law?
§ Mr. BurginI have seen Press reports of this case. Section 45 of the Road Traffic Act, 1930, provides that a failure to observe any provision of the Highway Code may be relied upon by any party to civil or criminal proceedings, including proceedings for an offence under that Act, in order to establish or to negative any liability which is in question in those proceedings. These provisions seem to me to define adequately the legal status of the provisions of the Code.