Given under the Seal of Office of the Local Government Board, this nineteenth day of November, in the year one thousand nine hundred and three. S. B. PROVIS, Secretary. (L.S.) WALTER H. LONG, President. (Continued below.) MOTOR CAR REGULATIONS, 1904. THE MOTOR CARS (USE AND CONSTRUCTION) ORDER, 1904. TO THE COUNTY COUNCILS of the several Administrative To the Mayor, Aldermen and Commons of the City of London To the Councils of the several County Boroughs in England and Wales; To the Councils of the several Metropolitan Boroughs; To the Urban District Councils of the several Urban Districts To the Rural District Councils acting as the Highway Whereas by section 6 of the Locomotives on Highways Act, 1896 (hereinafter referred to as "the Act of 1896"), it is enacted that “(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. 66 (2.) 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." And whereas by section 2 of the Act of 1896 it is enacted that— 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." ... · And whereas by section 7 of the Act of 1896 it is enacted that— "A breach of any regulation made under this Act, may, on summary conviction, be punished by a fine not exceeding ten pounds.' And whereas by an Order dated the 9th day of November, 1896, made in pursuance of the Act of 1896, we, the Local Government Board, made Regulations with respect to the use of light locomotives on highways and their construction, and the conditions under which they might be used; And whereas, in consequence of the passing of the Motor Car Act, 1903 (hereinafter referred to as the Act of 1903 "), it is expedient that the said Regulations should be rescinded and that other provision should be made with respect to the use of motor cars on highways, their construction, and the conditions under which they may be used; 66 And whereas in pursuance of section 7 of the Act of 1903 the Act of 1896 is referred to as the principal Act," and by sub-section (1) of section 20 of the Act of 1903, it is enacted as follows: "(1.) In this Act the expression Motor Car' has the same meaning as the expression 'light locomotive' has in 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. "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." Now therefore, in pursuance of the powers given to us by the Act of 1896 and the Act of 1903, and by any other statutes in that behalf, we, the Local Government Board, do hereby rescind the said Regulations made by our Order dated the ninth day of November, one thousand eight hundred and ninety-six, and do by this our Order make the following Regulations with respect to the use of motor cars on highways, and their construction, and the conditions under which they may be used: Art. I.-In this Order The expression "carriage" includes a waggon, cart, or other The expression "horse" includes a mule or other beast of In calculating for the purposes of this Order the weight of a Art. II.-No person shall cause or permit a motor car to be used on any highway, or shall drive or have charge of a motor car when so used, unless the conditions hereinafter set forth are satisfied; namely, (1.) The motor car, if it exceeds in weight unladen five hundredweight shall be capable of being so worked that it may travel either forwards or backwards. (2.) The motor car shall not exceed seven feet two inches in width, such width to be measured between its extreme projecting points. (3.) The tire of each wheel of the motor car shall be smooth and shall, where the same touches the ground, be flat and of the width following, namely, (a) if the weight of the motor car unladen exceeds fifteen hundredweight but does not exceed one ton, not less than two and a half inches; (b) if such weight exceeds one ton, but does not exceed two tons, not less than three inches; (c) if such weight exceeds two tons, but does not exceed three tons, not less than four inches. Provided that where a pneumatic tire or other tire of a soft or elastic material is used the conditions hereinbefore set forth with respect to tires shall not apply. (4.) The motor car shall have two independent brakes in good working order, and of such efficiency that the application of either to the motor car shall cause two of its wheels on the same axle to be so held that the wheels shall be effectually prevented from revolving, or shall have the same effect in stopping the motor car as if such wheels were so held. Provided that in the case of a motor car having less than four wheels this condition shall apply as if, instead of two wheels on the same axle, one wheel was therein referred to. (5.) Where the weight of a motor car unladen exceeds fifteen hundredweight and the motor car is fitted with tires other than pneumatic tires or tires of a soft or elastic material, the weight of the motor car unladen shall be painted in one or more straight lines upon some conspicuous part of the right or off side of the motor car in large legible letters in white upon black or black upon white, not less than one inch in height. (6.) The motor car and all the fittings thereof shall be in such a condition as not to cause, or to be likely to cause, danger to any person on the motor car or on any highway. (7.)—(i.) The lamp to be carried attached to the motor car in pursuance of section 2 of the Act of 1896 shall be so constructed and placed as to exhibit, during the period between one hour after sunset and one hour before sunrise, a white light visible within a reasonable distance in the direction towards which the motor car is proceeding or is intended to proceed, and to exhibit a red light so visible in the reverse direction. The lamp shall be placed on the extreme right or off side of the motor car in such a position as to be free from all obstruction to the light. Provided that where a lamp, which exhibits a red light in the direction contrary to that towards which the motor car is proceeding, is carried attached at the back of the motor car, the condition requiring the lamp attached in pursuance of section 2 of the Act of 1896 to exhibit a red light shall not apply or have effect with regard to the motor car. Provided also that the first paragraph of this condition shall not extend to any bicycle, tricycle, or other machine to which section 85 of the Local Government Act, 1888, applies. (ii.) Every lamp carried by the motor car when in use on a highway at any time during the period mentioned in this condition shall be so constructed, fitted, and attached as to prevent the movement or the use as a searchlight of the light exhibited by any such lamp. Art. III.-No person shall cause or permit a motor car to be used on any highway for the purpose of drawing any vehicle, or shall drive or have charge of a motor car when used for such purpose unless the conditions hereinafter set forth are satisfied; namely, (1.) Conditions (2), (3), (5), and (6) of Art. II. of this Order shall apply as if the vehicle drawn by the motor car was therein referred to instead of the motor car itself. (2.) Every vehicle exceeding two hundredweight in weight unladen, drawn by a motor car, shall have a brake in good working order of such efficiency that its application to the vehicle shall cause two of the wheels of the vehicle on the same axle to be so held that the wheels shall be effectually prevented from revolving, or shall have the same effect in stopping the vehicle as if such wheels were so held. (3.) The vehicle drawn by a motor car shall, when in pursuance of the condition lastly herein before set forth a brake is required to be attached thereto, carry upon the vehicle a person competent to apply efficiently the brake: Provided that it shall not be necessary to comply with this condition if the brakes upon the motor car by which the vehicle is drawn are so constructed and arranged that neither of such brakes can be used without bringing into action simultaneously the brake attached to the vehicle drawn, or if the brake of the vehicle drawn can be applied from the motor car by a person upon the motor car independently of the brakes of the latter. Art. IV.-Every person driving or in charge of a motor car when used on any highway shall comply with the regulations hereinafter set forth; namely, (1.) He shall not cause the motor car to travel backwards for a greater distance or time than may be requisite for the safety or convenience of the occupants of the motor car and of the passenger and other traffic on the highway. (2.) He shall not when on the motor car be in such a position that he cannot have control over the same, or that he cannot obtain a full view of the road and traffic ahead of the motor car, or quit the motor car without having taken due precautions against its being started in his absence, or allow the motor car or a vehicle drawn thereby to stand on such highway so as to cause any unnecessary obstruction thereof. (3.) He shall when meeting any carriage, horse, or cattle keep the motor car on the left or near side of the road, and when passing any carriage, horse, or cattle proceeding in the same direction keep the motor car on the right or off side of the same. (4.) He shall not negligently or wilfully prevent, hinder, or interrupt the free passage of any person, carriage, horse, or cattle on any highway, and shall keep the motor car and any vehicle drawn thereby on the left or near side of the road for the purpose of allowing such passage. (5.) He shall, whenever necessary, by sounding the bell or other instrument required by section 3 of the Act of 1896, give audible and sufficient warning of the approach or position of the motor car. |