from is visible from outside the building, vehicle (b) for any light to be displayed otherwise than in a roofed building, closed vehicle or other covered enclosure. (2) It shall not be lawful, whether during the hours of darkness or not, for any sky sign, facia or advertisement to be illuminated, or any light to be otherwise displayed, outside or at the entrance to any premises or on any boarding or similar structure, for the purpose of advertisement or display. (3) (1) Nothing in paragraphs 1 and 2 of this Regulation shall render unlawful (a) the display of any light which is required or authorized by or under the following provisions of these regulations. (b) the display of any light which is authorized by the Commissioner or by any person acting under his direction so long as the conditions imposed by him or by his direction in relation to the display are complied with; or (c) the display of any light by any constable or ranger or any member of His Majesty's Forces acting in the course of his duty as such. (2) Nothing in the following provisions of these regulations relating to the authorization by the Commissioner or any person acting under his direction, of the display of any lights shall be construed as limiting the generality of the provisions of this paragraph. (4) The display of any light, the display of which would otherwise be lawful under the provisions of these regulations may, in the event of hostile attack or the CXXV CXXVI apprehension of hostile attack, be prohibited or restricted by the Commissioner or any person acting under his direction, and it shall not be lawful for any light, to be displayed in contravention of any such prohibition or restriction. Provided that this paragraph shall not apply to: (a) any light displayed by any member of His Majesty's Forces acting in the course of his duty; or (b) any light displayed on any vehicle while it is being used for the purposes of His Majesty's Forces; or (c) navigation lights displayed by aircraft or at aerodromes in accordance with instructions given by the Commissioner. (5) The provisions of these regulations relating to the display of lights shall apply also, with any necessary adaptations, to the emission of flames, sparks or glare: Provided that this paragraph shall not apply in relation to the emission of flames, sparks or glare from any railway engine, in so far as the emission of the flames, sparks or glare is necessarily incidental to the driving of the railway engine. (6) Red lights indicating an obstruction or excavation upon or near any highway may be displayed for the guidance of traffic on such highway so long as each light is of candle power not exceeding 1.0 and the lights are so screened as to prevent light being thrown upwards or any appreciable illumination being produced on the ground. (7) The following lights may be displayed in connection with the operation of railways: (a) lights essential for the purpose of indicating obstructions, so long as the candle power does not exceed 1.0, no light is thrown upwards, and no (b) signal lights; (c) lights from head lamps and tail lamps of trains; (d) lights in trains used for internal illumination, so long as the intensity or illumination does not exceed 0.06 foot candles at any point at a distance of five feet from the light. (e) lights from hand lamps used by railway servants acting in the course of their duty as such, in so far as the use of the lights is necessary to assist them in the disharge of their said duty; (f) such other lights as may be authorized by or on behalf of the Commissioner. (8) (1) Any light may be displayed which is essential for the purpose of urgent rescue, demolition or repair work carried out by members of civil defence services or by the servants or agents of government departments, local authorities of public utility undertakers, so long as (a) the light is screened, so far as is practicable, so that no direct light is cast above the horizontal; and (b) the light is extinguished immediately on the receipt by any person having control of the light of warning of impending hostile attack, unless it is required for the conduct of work which cannot temporarily be discontinued. (2) Except where the urgency of the work is such that, it is not practicable to comply with the provisions of this CXXVII CXXVIII sub-paragraph, any department, authority or undertakers proposing to cause lights to be displayed by virtue of this paragraph shall give notice of their proposal to do so to the Commissioner. (9) (1) Head-lamps on motor vehicles used during the hours of darkness shall be fitted with a mask or shield or shall have the lens painted with matt black paint or covered with material impervious to light so as to satisfy the following conditions: (a) that the mask or shield or the paint or material covering the lens does not permit any light to be emitted save through an aperture shaped as hereinafter described; (b) that there shall be an aperture for the emission of light in the shape of a semi-circle of one inch radius, inverted so that the base of the semi-circle shall be above the arc, and so placed that the line (two inches in length) forming the base of the circle shall be horizontal, and the whole of the said line shall be on or below the transverse centre line of the lens of the head lamp. (2) Motor vehicles shall not display during the hours of darkness more than two front lights which shall be of white or amber colour. (10) Vehicles other than motor vehicles may display light from flashlights of a power not exceeding one candle power or from carriage lamps. (11) Tramcars and trolley vehicles may display such lights only as may be authorized by or on behalf of the Commissioner. 9. If in any area in respect of which a blackout order has been made under these regulations a defence alarm is given as provided by the Defence (Alarm) Regulations compliance with the said Defence (Alarm) Regulations shall be required in manner therein provided notwithstanding anything in these regulations or in any blackout order contained. 10. If any person acts in contravention of or fails to comply with any provision of these regulations or of any order made thereunder he shall be liable on summary conviction before a Stipendiary Magistrate to imprisonment with or without hard labour for a term not exceeding one year or to a fine not exceeding five thousand. dollars, or to both, and in default of payment of such fine to additional imprisonment with or without hard labour for a term not exceeding six months, and the Court before which he is convicted may, either in addition to, or in lieu of, any such punishment require that person to enter into recognizances with or without sureties to comply with the provisions of these Regulations or orders made thereunder or such provisions thereof as the Court may direct. If any person fails to comply with an order of the Court requiring him to enter into recognizances, any Court of Summary Jurisdiction may order him to be impisoned with or without hard labour for any term not exceeding six months. 11. Subject to the provisions of Regulation 12, these Regulations are in addition to and not in substitution for any Regulations relating to the prohibition of lights or otherwise or of general application made under the Defence Act, 1939. 12. The Regulations respecting the prohibition of lights made on the 16th day of July, 1940, under the provisions of the Defence Act, 1939, and published in the Newfoundland Gazette of the 23rd day of July, 1940, are hereby repealed. 13. These Regulations may be cited as The Defence (Blackout) Regulations, CXXIX |