Page images
PDF
EPUB

Penalty for forging licence or registration plate.

Amendments

as to proceedings for extraordinary traffic damage.

Power of owner of

locomotive to exempt himself from

fine on the conviction

of the actual offender.

Action of

county

councils.

(5.) Any sums received on account of fees for registration under this section shall be carried to the county fund.

(6.) This section shall not apply in the case of the use by any road authority of steam rollers belonging to them within their district.

11. Every person who shall forge, counterfeit, or tamper with, or who shall cause or procure to be forged, counterfeited, or tampered with, any licence plate, or registration plate, or who shall knowingly use any locomotive having thereon a licence plate or registration plate which has been forged, counterfeited, or tampered with, shall be liable, on summary conviction, to pay a fine not exceeding twenty pounds.

12. (1.) Section twenty-three of the Highways and Locomotives (Amendment) Act, 1878 (which relates to the recovery of expenses of extraordinary traffic), shall be amended as follows:(a) Expenses under that section shall cease to be recoverable in a summary manner, but may be recovered if not exceeding two hundred and fifty pounds in the County Court, and if exceeding that sum in the High Court.

(b) Proceedings for the recovery of any expenses incurred after the passing of this Act shall be commenced within twelve months of the time at which the damage has been done, or where the damage is the consequence of any particular building contract, or work extending over a long period, shall be commenced not later than six months after the completion of the contract or work.

(c) There shall be substituted for the words "by whose order " the words "by or in consequence of whose order."

(2.) Nothing in this section shall affect the prosecution and determination of any proceedings which have been commenced before this Act shall come into operation.

13.-(1.) Where an offence under any Act or bye-law relating to locomotives on highways, for which the owner of a locomotive or waggon is liable to a penalty, has, in fact, been committed by some servant, workman, or other person, that servant, workman, or other person shall be liable to the same penalty as if he were the owner.

(2.) Where the owner is charged with any such offence, he shall be entitled upon information duly laid by him to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge, and if, after the commission of the offence has been proved, the owner proves to the satisfaction of the court that he had used due diligence to enforce the execution of the Act, and that the other person had committed the offence in question without the owner's knowledge, consent, or connivance, that other person shall be summarily convicted of the offence, and the owner shall be exempt from any fine.

14. For the purposes of this Act the council of a county or borough may act through their surveyor or other authorised officer. 15.-(1.) The Local Government Board may direct any inquiries to be held by their inspectors which they may deem necessary in regard to the exercise of any of their powers under this Act, and the Board and their inspectors shall for the purposes of any such Government inquiry have the same powers as they respectively have for the purpose of an inquiry under the Public Health Act, 1875.

Inquiries by
inspectors
of Local

Board.

(2.) The expenses incurred by the Local Government Board in respect of inquiries under this Act shall be paid by such authorities and persons, and out of such funds and rates as the Board may by order direct, and the Board may certify the amount of the expenses so incurred, and any sum so certified and directed by the Board to be paid by any authority or person shall be a debt from that authority or person to the Crown.

(3.) Such expenses may include the salary of any inspector or officer of the Board engaged in the inquiry, not exceeding three guineas a day.

16. No locomotive to which this Act applies shall be driven over For the prothe Menai Bridge when prohibited by notice exhibited thereon by tection of the the authority of the Commissioners of Her Majesty's Works and Menai Bridge. Public Buildings, and nothing in section seven of this Act shall have any application to such bridge.

If any person in charge of a locomotive acts in contravention of this section, he shall be liable for each offence, on summary con viction, to a fine not exceeding five pounds.

17.-(1.) In this Act, unless the context otherwise requires,

[ocr errors]

Interpretation

The expression "county means an administrative county, and and saving. includes a county borough;

The expressions "council of a county" and “ county council" include the council of a county borough;

In the case of a county borough the expression "chairman" includes the mayor, and the expression "county fund" includes borough fund;

The expression "locomotive

means a locomotive propelled by

steam or other than animal power;

The expression "waggon" includes any truck, cart, carriage, or other vehicle;

The expression" agricultural locomotive" includes

(a) any locomotive used solely for threshing, ploughing,
or any other agricultural purpose; and

(b) any locomotive, the property of one or more owners or
occupiers of agricultural land employed solely for the
purposes of their farms, and not let out on hire.
(2.) Nothing in this Act shall affect light locomotives within the
meaning of the Locomotives on Highways Act, 1896.

59 & 60 Vict

(3.) The mayor, aldermen, and commons of the city of London c. 36. shall have the same powers with regard to the licensing and registration of locomotives in the city of London as the council of a county have in their county, and shall apply as part of their income any fees or other money received in connection with such powers.

18.-(1.) The Acts mentioned in the schedule to this Act are Repeal. hereby repealed to the extent mentioned in the third column of that schedule.

(2.) Provided that such repeal shall not affect any bye-laws made under any enactment mentioned in the said schedule, so far as the same relate to preventing the use of locomotives upon bridges, or for a period of twelve months from the passing of this Act any other bye-laws made under any such enactment, except so far as the same may be repealed or altered by bye-laws made under this Act.

(3.) Nothing in this Act shall affect or derogate from the pro

Short title. Application of Act.

Commence

ment of Act.

visions of any local Act dealing with the licensing of locomotives
(whatever the payments in respect of the licence may be) or other-
wise relating to locomotives in any borough or other area.

19. This Act may be cited as the Locomotives Act, 1898.
20. This Act shall not apply to Scotland or Ireland.

21. This Act shall not, except so far as regards the making and confirming of bye-laws hereunder, come into operation until the first of January, one thousand eight hundred and ninety-nine.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small]

Short title

Threshing engines to be exempt from previous

LOCOMOTIVE THRESHING ENGINES ACT, 1894.

(57 & 58 VICT. c. 37.)

An Act for Removal of the Restrictions on the use of Locomotive
Engines for Threshing purposes. [17th August, 1894.]

BE it enacted by the Queen's most excellent Majesty, by and with
the advice and consent of the lords spiritual and temporal, and
commons, in this present Parliament assembled, and by the autho-
rity of the same, as follows:

I. This Act may be cited as the Locomotive Threshing Engines Act, 1894.

2. Any provision in any Act contained prohibiting under penalty the erection and use of any steam engine, gin, or other like machine or any machinery attached thereto within the distance of twentyfive yards from any part of any turnpike road, highway, carriage

way, or cartway, unless such steam engine, gin, or other like penalties and engine or machinery be within some house or other building, or restrictions. behind some fence, wall, or screen sufficient to conceal or screen the same from such turnpike road, highway, carriageway, or cartway, shall not extend to prohibit the use of any locomotive steam engine or any machinery attached thereto for the purpose of threshing within such distance of any such turnpike road, highway, carriageway, or cartway, provided that a person is stationed on the road and employed for the purpose of signalling the driver of the engine whenever it is necessary to stop the engine on account of the approach of a horse, and of rendering assistance to the person in charge of the horse, and that the driver of the engine stops the same when so signalled.

LOCOMOTIVES ON HIGHWAYS ACT, 1896.

(59 & 60 VICT. c. 36.)

An Act to amend the Law with respect to the Use of Locomotives
on Highways.
[14th August, 1896.]

BE it enacted by the Queen's most excellent Majesty, by and with
the advice and consent of the lords spiritual and temporal, and
commons, in this present Parliament assembled, and by the autho-
rity of the same, as follows:-

1.-(1.) The enactments mentioned in the schedule to this Act, Exemption of and any other enactment restricting the use of locomotives on light locohighways and contained in any public general or local and personal motives from Act in force at the passing of this Act, shall not apply to any certain vehicle propelled by mechanical power if it is under three tons in statutory weight unladen, and is not used for the purpose of drawing more provisions. 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.

Provided that

(a) the council of any county or county borough shall have power to make bye-laws 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:

(b) a light locomotive shall be deemed to be a carriage within the meaning of any Act of Parliament, whether public_general or local, and of any rule, regulation, or bye-law, made under any Act of Parliament, and, if used as a carriage of any particular class, shall be deemed to be a carriage of that class, and the law relating to carriages of that class shall apply accordingly.

Regulations us to lights.

Locomotives to carry a bell.

Use of petroleum, &c.

34 & 35 Vict.

c. 105.

42 & 43 Vict. c. 47.

44 & 45 Vict. c. 67.

Local Government Board regulations.

Penalties.

Excise duty on certain locomotives.

(2.) 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.

2. During the period between one hour after sunset and one hour before sunrise, the person in charge of a light locomotive shall carry attached thereto a lamp so constructed and placed as to exhibit a light in accordance with the regulations to be made by the Local Government Board.

3. Every light locomotive shall carry a bell or other instrument capable of giving audible and sufficient warning of the approach or position of the carriage.

[Sect. 4 is repealed by sect. 9(1) of the Motor Car Act, 1903.]

5. The keeping and use of petroleum or of any other inflammable liquid or fuel for the purpose of light locomotives shall be subject to regulations made by a Secretary of State, and regulations so made shall have effect notwithstanding anything in the Petroleum Acts, 1871 to 1881.

6.-(1.) The Local Government Board may make regulations with respect to the use of light locomotives on highways, and their construction, and the conditions under which they may be used.

(2.) Regulations under this section may, if the Local Government Board deem it necessary, be of a local nature and limited in their application to a particular area, and may, on the application of any local authority, prohibit or restrict the use of locomotives for purposes of traction in crowded streets, or in other places where such use may be attended with danger to the public.

All regulations under this section shall have full effect notwithstanding anything in any other Act, whether general or local, or any bye-laws or regulations made thereunder.

Every regulation purporting to be made in pursuance of this section shall be forthwith laid before both Houses of Parliament.

7. A breach of any bye-law or regulation made under this Act, or of any provision of this Act, may, on summary conviction, be punished by a fine not exceeding 107.

8.-(1.) On and after the first day of January next after the passing of this Act there shall be granted, charged, and paid in Great Britain for every light locomotive which is liable to duty either as a carriage or as a hackney carriage, under section four of 51 & 52 Vict. the Customs and Inland Revenue Act, 1888, an additional duty of excise at the following rate; namely,—

c. 8.

51 & 52 Vict.

c. 41.

53 & 44 Vict.

c. 60.

Construction of wheels of

If the weight of the locomotive exceeds one ton £ s. d.
unladen, but does not exceed two tons un-
laden

If the weight of the locomotive exceeds two tons
unladen

2 2 0

3 3 0

(2.) Every such duty shall be paid together with the duty on the licence for the locomotive as a carriage or a hackney carriage, and shall in England be dealt with in manner directed with respect to duties on local taxation licences within the meaning of the Local Government Act, 1888; and in Scotland be paid into the Local Taxation (Scotland) Account, and be dealt with as part of the residue within the meaning of section two, sub-section (3), of the Local Taxation (Customs and Excise) Act, 1890.

9. The requirements of sub-section (4) of section twenty-eight of

« EelmineJätka »