BRIGHT v. ASHFOLD.

(1932) 43 Ll L Rep 25

KING'S BENCH DIVISION.(DIVISIONAL COURT).

Before Lord Hewart (Lord Chief Justice), Mr. Justice Avory and Mr. Justice Hawke.

Road Traffic Act, 1930, Sects. 35 (1), 36 (1), 38 - Information preferred against respondent alleging that he was using a motor-cycle on a road without a policy of insurance or security in respect of third-party risks as complied with the requirements of the Act-Policy excepting insurers from liability to indemnify against third-party claims if cycle carrying passenger unless sidecar used-Passenger riding pillion-Effect of Sect. 38-Appeal from Justices' refusal to convict - Held, that Sect. 38 had no application to the condition of the policy, which circumscribed the operation of the policy from the beginning - Case remitted to justices with a direction to convict.