Many police forces prohibit the movement of abnormal loads during the “hours of darkness”, but these policies often do not define what is meant by “hours of darkness”.
This can create confusion about when the restriction begins and ends. One might argue that it ought to be obvious when it is truly dark, but how dark is ‘truly dark’? And what if it is beginning to get dark or is not yet ‘pitch black’?
This article does not explore the lawfulness of police-imposed embargo restrictions, which, in itself, is unclear. Instead, it is a discursive piece on the difficulties of interpreting the “hours of darkness” when there is no definition set out in an embargo restriction policy and focuses on how “hours of darkness” is defined in the Highway Code and road traffic legislation.
“Hours of Darkness” under the Lighting Regulations 1989 and the Highway Code
Where a police embargo restriction refers to “hours of darkness” without a definition, a potential defence argument is that the definition established in the Lighting Regulations 1989 and the Highway Code ought to be adopted, rather than a subjective “when it feels dark” test.
In England and Wales, “hours of darkness” is commonly understood for road traffic purposes in connection with vehicle lighting obligations, principally under the Road Vehicles Lighting Regulations 1989 (RVLR 1989), which defines “hours of darkness” as “the time between half an hour after sunset and half an hour before sunrise.”
The Highway Code adopts a very similar definition, defining “night (hours of darkness)” under Rule 113 as the period between half an hour after sunset and half an hour before sunrise.
The above definition adopted in the RVLR 1989 suggests that parliament intended there to be a fixed, objective time marker to determine when certain lighting obligations apply. This helps drivers, police, and courts apply the rule consistently and evidentially, without having to argue about whether there was sufficient ambient lighting.
Although not explicit in the above definitions, the 30-minute period broadly corresponds to a stage of dusk (usually aligned with ‘civil twilight’), during which there is normally still sufficient ambient lighting for safe driving without headlamps needing to be used.
The above definitions are not determinative, as the police could argue that they do not adopt them. However, in the absence of any definition in the forces’ embargo restriction policy, the question of when the hours of darkness commence becomes debatable. It could be that a court or enforcement body would take the view that “hours of darkness” should be interpreted in accordance with the above definitions.
Subjective ‘is it dark’ test and civil twilight
In addition to or in the alternative to the definition of “hours of darkness” under the Highway Code and RVLR 1989, in the absence of a definition within the relevant force’s policy, one could consider contextual factors in determining when the hours of darkness commenced.
For example, if an Abnormal Indivisible Load Vehicle (AILV) is stopped by the police for travelling during the hours of darkness, can the driver or operator argue that there was sufficient ambient lighting, therefore, it is arguable that the hours of darkness had not commenced?
Such an argument is best supported by evidence of the time of the stop and should be cross-referenced with sunrise/sunset times and the start/end times of civil twilight.
This is because it is commonly understood that during civil twilight, there is enough natural sunlight that artificial light may not be needed for outdoor activities. Therefore, there is a potential defence argument that the hours of darkness do not commence until civil twilight ends.
Bottomline – proceed with caution
This article demonstrates the ambiguity that arises when a key term is not defined. In this instance, we are focusing on the meaning of “hours of darkness”.
Whilst arguments can be made about the meaning of “hours of darkness” under the Highway Code, RVLR 1989 and civil twilight times, the police force in question may adopt a stricter approach.
In this sense, it is worth obtaining clarity from the relevant force on what they mean by ‘hours of darkness’ or simply asking the force to confirm whether they adopt the definition in the Highway Code or the RVLR 1989.
If you are a driver or operator of AILVs who is stopped by the police for travelling during an hours of darkness restriction, it is sensible to preserve evidence from the outset of the lighting conditions at the time of the stop, for example take photos and videos (if legal and safe to do so), preserve tachograph evidence to show exactly where the vehicle was stopped and when it was stopped, as the timeline is key.
Our specialist team can support you with compliance awareness so that you do not get caught out. Contact James Edes today for help.