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Car Mascots
and English Law
Many of Lejeune's patterns
originate from the 1920's and 30's when car mascots were at the height of their
popularity. Manufacturers' insignia, too, were often seen adorning the front
of cars; a practice that continues to the current day. The most famous of these
is the Rolls Royce Spirit of Ecstasy, which for a number of years was manufactured
by Lejeune, along with the emblems of Alvis, Bentley and many others.
Over the years, along with changes in the design of cars, awareness of safety
issues began to increase. The radiator grille cap, the traditional location
for a car mascot, disappeared, and the popularity of mascots began to decline.
In spite of this, many of our customers still choose to mount our products onto
their cars, and we provide fixings for this purpose.
Many people think that it
is illegal to mount a mascot onto a modern motor car. This
is not the case. There are two relevant sections in the statute law,
and these should be taken into consideration before mounting a mascot:
Regulation 53 Road Vehicles (Construction and Use) Regulations 1986 states:
"No mascot, emblem or other ornamental object shall be carried by a motor vehicle
first used on or after 1 October 1937 in any position where it is likely to
strike any person with whom the vehicle may collide unless the mascot is not
liable to cause injury to such person by reason of any projection theron."
Section 40A Road Traffic Act 1988 as amended by the Road Traffic Act 1991 states:
"a person is guilty of an offence if he uses, or causes or permits another to
use, a motor vehicle.... on a road when.... the condition of the vehicle...,
or of its accessories or equipment.... is such that the use of the motor vehicle....
involves a danger of injury to any person."
At the time of publication,
the amendment to the law by the 1991 Act has not been tested before a court
in relation to mascots. Over the last twenty years a handful of convictions
have been made under Regulation 53, but they are not binding and our experience
has been that the police will not normally raise any objection provided that
the mascot is positioned well back on the bonnet, near the windscreen as shown
below.
Lejeune mascots are supplied
with 2 types of fixings - a steel set and a nylon set. Steel fixings have always
been used in the past, and some customers are happy to continue their use. Recently
however, we have introduced the nylon fixings as they will shear at a much lower
force in the event of an impact, and we would therefore recommend that they
be used in preference to the steel fixings.
Louis Lejeune Ltd. accepts
no responsibility for injury as a result of the mounting of one of their products
on a motor vehicle.
The above information refers
to English Law. For other countries, please contact your
local police station.
Feb 2002 Devon & Cornwall
Constabulary.
A Lejeune customer was given
this written advice: "The issue of mascots is of prime responsibility for
the manufacturers of such items and the vehicles owner, who is responsible for
there positioning upon his or her vehicle.
Mascots are not illegal. That said you will note from the regulations that the
item must be positioned safely. Likewise the items construction and fixing method
must also be safe.
There are no measurements specified in the legislation as to the positioning
of mascots.
You will need to discuss with the mascot manufacturers the requirements of the
product in order to comply with the legislation and your own needs."
June 2003 - The Sunday
Times
The Knowledge: Mascots -
Everything you wanted to know about cars but were afraid to ask.
"Mascots" began as good luck charms tied to the radiator grilles of early cars.
Then car makers realised the humble radiator filler cap at the front of the
car made an excellent spot for a mascot, and started to offer caps fitted with
novelty figures. Soon after, the mascot evolved into an opportunity to display
three-dimensional company insignia: the three most enduring being Rolls-Royce's
Spirit of Ecstasy, Mercedes-Benz's three-pointed star and Jaguar's leaping cat.
Wildlife has been the subject
for most mascots over the years: the 1920s Spanish luxury car maker Hispano-Suiza
used the figure of a stork in flight, its French rival Bugatti a rearing elephant,
while the British family car company Singer went for a running cockerel. Neither
Ford nor Vauxhall ever sported an official company mascot " far too frivolous
" but in 1934 Hillman launched a new model called the Melody Minx and sitting
on top of its radiator grille was a chrome mascot with a tiny woman whose figure
formed part of the frame of a harp. This was fitting because it was the first
British production car to have a radio as standard.
Since 1978 all new cars
have had to conform to a stringent series of design rules called Type Approval.
Part of this means strict adherence to the European directive on vehicle exterior
projections which forbids sharp points or protrusions that might cause injury
in an accident. Consequently Rolls's mascot has a mechanism to make it fall
away if struck with more than 10kg of force. Merc's three-pointed star folds
flush with the bonnet on impact, but Jaguar's "leaper" could not be redesigned
to be safe, so is no longer fitted to cars in Europe. However, once a car is
registered for the road, Type Approval no longer applies. That means you can
bolt a bonnet mascot onto your car legally and, indeed, new Jaguar mascots are
available for owners to fit retrospectively. But by doing this you could lay
yourself open to an injury claim if someone was hurt by your mascot.
July 2004
Dyfed Powys Magistrates
Court
A Lejeune customer was summoned to appear to answer charges of breach of Reg.
53 for possession of a mascot "which was in a position where it was likely to
strike a person whith whom the vehicle might collide"
The case was thrown out of court as the mascot - a Leaping Salmon - was secured
with the Lejeune nylon fixings which were shown to come within EC regulation
74/483.
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