notices must be placed by them in conspicuous places on or near the highway, 3 Edw. 7, c. 36, s. 9 (1). part of a highway, limits, or place to which any regulation refers (s. 10 (1) ). Regulations may be made by the Local Government Board under section 6 of Rate of speed. the Locomotives on Highways Act, 1896, as to the speed of motor cars exceeding 2 tons in weight unladen (s. 12 (2) post). The weight would be determined according to section 1 (2) of the Act of 1896 (see Note to 20 (1) post). If any person acts in contravention of this provision he shall be liable, on summary conviction, in respect of the first offence to a fine not exceeding ten pounds, and in respect of the second offence to a fine not exceeding twenty pounds, and in respect of any subsequent offence to a fine not exceeding fifty pounds, but a person shall not be convicted under this provision for exceeding the limit of speed of twenty miles merely on the opinion of one witness as to the rate of speed. (2) Where a person is prosecuted for an offence under this section, he shall not be convicted unless he is warned of the intended prosecution at the time the offence is committed, or unless notice of the intended prosecution is sent to him or to the owner of the car as entered on the register within such time after the offence is committed, not exceeding twenty-one days, as the court think reasonable. Note.-There should be no delay in sending the notice as it will rest with the court to determine whether it ought not to have been sent within a less period (and what period) than 21 days in any particular instance. The day when the offence was committed is not reckoned in the 21 days-Radcliffe v. Bartholomew ([1892] 1 Q. B. 161; 61 L. J. M. C 63; 65 L. T. 677; 40 W. R. 63; 56 J. P. 262; Goldsmiths' Co. v. West Metropolitan Railway Co. ([1904] 1 K. B. 1; 52 W. R. 21). (3) The Local Government Board may, without any application from the local authority, after considering any objections which may be raised by the local authority, revoke or alter any regulation made by them under this section. (4) For the purposes of this section the expression local authority means— (a) as respects the City of London, the mayor, aldermen, (b) as respects a municipal borough with a population of Note.-As to how the census may be used where changes of area have taken place, see Note to section 13 of the Employment of Children Act, 1903, page 53 ante. (c) as respects any other area, the county council. H 3 Edw. 7, c. 36, S. IO. Erection of notice boards. Penalties and legal proceedings. Regulations as to maxiinum weight of cars. Sect. 10. (1) Local authorities within the meaning of the last preceding section shall give public notice of any regulation of the Local Government Board made in pursuance of this Act prohibiting or restricting the use of motor cars on any highway or part of a highway, or limiting the speed of motor cars within any limits or place, and for the purpose of giving effect to any such regulation shall place notices in conspicuous places on or near the highway, part of a highway, limits, or place to which the regulation refers. Note. For the regulations to which this provision has reference, see sections 8 and 9 (1) and Notes thereon. See also the provision in section 20.(1) as to the roadways to which this Act applies. Reference should be made to the observations as to public notice in the circular of the Local Government Board page 124 post. (2) Subject to regulations as to size and colours to be made by the Local Government Board, local authorities within the meaning of the last preceding section shall within their areas cause to be set up sign posts denoting dangerous corners, cross roads, and precipitous places, where such sign posts appear to them to be necessary. Sect. 11-(1) A person guilty of an offence under this Act for which no special penalty is provided shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds, or in the case of a second or subsequent conviction to a fine not exceeding fifty pounds, or in the discretion of the court to imprisonment for a period not exceeding three months. Note. The different offences to which the terms of section II refer are set out and classified in the circular of the Local Government Board, pages 125 and 126 post. (2) Any person adjudged to pay a fine exceeding twenty shillings under this Act may appeal against the conviction in the same manner as he may appeal if ordered to be imprisoned without the option of a fine. Note.—The appeal is to general or quarter sessions [Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49) ss. 19, 31]. Sect. 12 (1) The Local Government Board by regulations made under section six of the principal Act may, as respects any class of vehicle mentioned in the regulations, increase the maximum weights of three tons and four tons mentioned in section one of that Act, subject to any conditions as to the use and construction of the vehicle which may be made by the regulations. Note.-Section 1 of the Act of 1896 is set out in a Note to section 20 (1) post, which see. S. 12 (2). Regulations as to maximum (2) The power of the Local Government Board to make 3 Edw. 7, c. 36 regulations under section six of the Locomotives on Highways Act, 1896, shall, as respects motor cars exceeding two tons in weight unladen, include a power to make regulations as to weight of cars. speed. Note. In determining the weight of a motor car unladen for the purpose of the above provisions, section I (2) of the Act of 1896 applies. It provides that— "In calculating for the purposes of this Act the weight of a vehicle unladen, the weight of any water, fuel, or accumulators used for the purpose of propulsion shall not be included." Inland Revenue motor car licences for As to section 6 of the Act of 1896, see Note to section 7 (1) ante. Sect. 13. The definition of "male servant' in subsection three of section nineteen of the Revenue Act, 1869, as amended by section five of the Customs and Inland Revenue Act, 1876, shall be construed as if a person employed to drive a motor c. 14. car were included in that definition. Note.-The effect of this provision is that the annual licence of 15s. in respect of a "male servant" will have to be taken out for a person employed to drive a motor car : see the observations in the circular of the Local Government Board, page 127 post. Sect. 14. Subsections one and five of section eighty-seven of the Local Government Act, 1888 (which relates to local inquiries), shall apply for the purpose of the carrying out by the Local Government Board of any of their duties under this Act. Note. For the applied provisions, see Note to section 1 (3) of the County Councils (Bills in Parliament) Act, 1903, page 35 ante. drivers. 32 & 33 Vict. 39 & 40 Vict. C 16. Local inquiries by Local Govern ment Board. 51 & 52 Vict. C. 41. liability. Sect. 15. Nothing in this Act shall affect any liability of Saving of the driver or owner of a motor car by virtue of any statute or at common law. Sect. 16. It is hereby declared that this Act and the principal Act apply to persons in the public service of the Crown. Note.-The "principal Act" is the Locomotives on Highways Act, 1896 (s. 7 (1) ante). The Locomotives Act, 1865 (28 & 29 Vict. c. 83) was held not to bind the Crown or its servants acting in pursuance of lawful orders-Cooper v. Hawkins (1903) (89 L.T. 476; 1 L.G.R. 838; 19 T.L. R. 620). Application to servants of the Menai Bridge, Sect. 17.—(1) A motor car shall not be driven on or over Protection of Menai Bridge except in accordance with regulations made by the Commissioners of Works. Note.-Regulations, dated December 1st, 1903 have been made by the Commissioners of Works with reference to the use of Motor Cars on Menai Bridge to take effect on and after the 1st day of January, 1904, as follows:- [This defines "motor car" in terms embodying the provisions of section 1 of 3 Edw. 7, C. 36, Protection of Application to Application to Interpretation, commencement, and short title. Light locomotives. Regulations as to maximum weight of cars. the Locomotive on Highways Act, 1896 (see note to section 20 (1) post) = but makes no provision for any extension of the expression on the lines of section 12 (1) ante]. "2. No person driving or in charge of a motor car when in use on the said Bridge shall cause or suffer the same to proceed at a speed greater than four miles an hour. 3. No person driving or in charge of a motor car shall cause or suffer the same to go on to the said Bridge when there is another locomotive thereon, Provided, that a person shall not be deemed to have offended against this Regulation if he shall show that he did not know, and could not reasonably have known, that there was another locomotive on the said Bridge. 4. No person driving or in charge of a motor car when in use on the said Bridge shall wilfully cause the same to stop unnecessarily or to loiter thereon," (2) If any person acts in contravention of this section he shall be liable on summary conviction in respect of the first offence to a fine not exceeding ten pounds, and in respect of the second offence to a fine not exceeding twenty pounds, and in respect of any subsequent offence to a fine not exceeding fifty pounds. Note,-As to appeals against fines exceeding 20s., see section 11 (2) ante. Sect. 19. Sect. 20. (1) In this Act the expression "motor car " has the same meaning as the expression "light locomotive" hasin the principal Act, as amended by this Act, except that, for the purpose of the provisions of this Act with respect to the registration of motor cars, the expression "motor car" shall not include a vehicle drawn by a motor car. Notes. The principal Act is the Locomotives on Highways Act, 1896 (59 & 60 Vict. c. 36) (see 7 (1) ante), and it is provided by section I (1) of the Act of 1896 that "the enactments mentioned in the schedule to this Act, and any other enactment restricting the use of locomotives on highways and contained in any public general or local and personal Act in force at the passing of this Act, shall not apply to any vehicle propelled by mechanical power if it is under three tons in weight unladen, and is not used for the purpose of drawing more than one vehicle (such vehicle with its locomotive not to exceed in weight unladen four tons), and is so constructed that no smoke or visible vapour is emitted therefrom except from any temporary or accidental cause; and vehicles so exempted, whether locomotives or drawn by locomotives, are in this Act referred to as light locomotives." In calculating for the purposes of the Act the weight of a vehicle unladen, the weight of any water, fuel, or accumulators, used for the purpose of propulsion, is not to be included (59 & 60 Vict. c. 36, s. I (2) ). The Local Government Board by regulations made under section 6 of the Act of 1896 may, as respects any class of vehicles mentioned in the regulations, increase the maximum weights of 3 tons and 4 tons mentioned in section 1 of that Act, subject to any conditions as to the use and construction of the vehicle which. may be made by the regulations (s. 12 (1)) ante. The effect of the Local Government Board making regulations to increase the maximum weights would be to bring heavier cars within the exemptions conferred by section I of the Act of 1896, and to make such heavier cars subject to the provisions of that Act and the present Act. As to regulations under section 6 of the Locomotives on Highways Act, 1896, see Note to section 7 (1) ante. For the provisions of the Act with respect to registration, see sections 2 and 12. The provisions of this Act and of the principal Act shall apply in the case of a roadway to which the public are granted access in the same manner as they apply in the case of a public highway. Notes. This extension of the provisions of this and the Locomotives on Highways Act, 1896, is important. It has a special bearing upon the following provisions of this Act, namely, sections I (1), 2 (4), 3 (1), 8 and 9 (1). : The following provisions of the Act of 1896 appear to be affected by the -extension, namely "Sect. I Provided that (a) the council of any county or county borough shall have power to make byelaws preventing or restricting the use of such locomotives upon any bridge within their area, where such council are satisfied that such use would be attended with damage to the bridge or danger to the public :" "Sect. 2. During the period between one hour after sunset and one hour before Regulation as sunrise, the person in charge of a light locomotive shall carry attached thereto a lamp to lights. so constructed and placed as to exhibit a light in accordance with the regulations to be made by the Local Government Board.' دو to carry a bell. "Sect. 3. Every light locomotive shall carry a bell or other instrument capable Locomotives of giving audible and sufficient warning of the approach or position of the carriage.' and section 6 referred to in a Note to section 7 (1) of this Act ante. (2) This Act shall come into operation on the first day of January, nineteen hundred and four. Note. It continues in force till 31st December, 1906, unless Parliament otherwise determine (s. 21). (3) This Act may be cited as the Motor Car Act, 1903; and the Locomotives on Highways Act, 1896, and this Act may be cited together as the Motor Car Acts, 1896 and 1903. Sect. 21. This Act shall continue in force till the thirty-first Duration of Act day of December, nineteen hundred and six and no longer, unless Parliament shall otherwise determine. |