area,

motives upon any bridge within their 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 a particular class, shall be deemed to be a carriage of that class, and the law relating to carriages of that class shall apply accordingly.

(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.

"The enactments mentioned . . . shall not apply.

"' (a)

The effect of this Act was to legalise the use of light locomotives, or, as they are more popularly called, motor cars, upon highways in a manner freed from the restrictions formerly imposed by the various Highways and Locomotives Acts. Motor cars are deemed to be carriages within the meaning of all Acts of Parliament (b). Such vehicles as come within the meaning of the word "vehicle" in this Act, later on called light locomotives or motor cars, are subject to the provisions of this Act, and the Motor Car Act of 1903, and the rules and regulations issued thereunder. The enactments relating to the use of locomotives (other than light locomotives within the meaning of this Act) are set out in the schedule to the Act (c), but all motor cars are exempted from the provisions of the scheduled Acts.

"Any vehicle propelled by mechanical power

The first qualification to enable a motor car to be claimed as being within the scope of this Act, is that it must be propelled by mechanical power. There are other qualifications, which will be dealt with later on, as to weight and construction.

The mechanical power may be produced by steam, oil, gas, air, electricity, or any other motive power that may be devised;

(a) For these enactments, see the schedule to the Act, post, p. 37. (b) See post, p. 5, note on sub-sect. (1) (b).

(c) See post, p. 37.

this mechanical power is presumably opposed to power produced by any animal power, which may be transferred to the wheels of a vehicle by a system of chains or levers, as in the case of an ordinary bicycle or tricycle, which class of machine is obviously not intended to be brought within the Act (d).

It does not appear from the Act that there is any limitation to the number of wheels of such a vehicle, the only section dealing with wheels being the ninth, which contemplates the issue of regulations by the Local Government Board as to the construction and size of wheels to be used (e). The Act is silent as regards the shape of the vehicle, or as to the mode of construction, these matters being left to the discretion of the builder and owner, subject to such regulations as may be issued from time to time by the Local Government Board under the powers conferred by sect. 6. Regulations have been issued relating to the construction of motor cars, under three tons in weight, by the "Motor Cars (Use and Construction) Order, 1904," post, pp. 22 et seq. These regulations apply to motor cars within either the Act of 1896 or the Act of 1903.

"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)"

Under sect. 12 of the Motor Car Act, 1903, the Local Government Board may increase the maximum weight. This question will be dealt with under this section (post, p. 78) and under the Regulations of 1904 (post, p. 22).

"So constructed that no smoke or visible vapour is emitted therefrom except from any temporary or accidental cause

The Act excuses a mere temporary or accidental emission of smoke or visible vapour. It is curious that while smoke or visible vapour are forbidden, the Act is silent as to any noxious or offensive vapour which may be emitted; it is assumed that in the case of noxious or offensive vapour the ordinary law will apply (f). Whether in any particular case, which may arise, the cause of the smoke or visible vapour is temporary or accidental will be a question of fact for the Court before which the matter may be heard.

A somewhat similar provision is to be found in sect. 30 of the

(d) See also note upon sect. 5 (petroleum), pp. 13 et seq. The use of petroleum for motor cars is subject to regulations of the Secretary of State.

(e) 59 & 60 Vict. c. 36, s. 9. "The requirements of sub-sect. 4 of sect. 28 of the Highways and Locomotives Amendment Act, 1878, may from time to time be varied by order of the Local Government Board." See Local Government Board Regulations, 1896, Art. I. sect. 3. This section (9), however, is not intended to and does not relate to motor cars, but only to ordinary locomotives: see note to sect. 9.

(f) See sect. 13, Locomotives Act, 1861 (24 & 25 Vict. c. 70).

66

Highways and Locomotives Amendment Act, 1878 (g). By that section any person using any locomotive not consuming, so far as practicable," its own smoke, is rendered liable to a fine of 51. It has been held under that section that, where the issue of black smoke is proved, the onus is upon the defendant to prove that the engine consumes its own smoke as far as possible (h). Under the Smoke Nuisance (Metropolis) Act, 1853 (i), it has been held that the owner of a factory was not (criminally) liable to a penalty for negligently using a furnace so that the smoke was not effectually consumed, when the furnace was properly constructed, but the emission of smoke was caused by carelessness on the part of a stoker (k).

It is assumed that the above three regulations as to mechanical power, weight, and non-emission of smoke or vapour are conditions precedent to the user of a locomotive vehicle as a light locomotive under this Act. If any one of these conditions is disobeyed, then the vehicle is not a motor car, but comes within the Acts and Regulations applying to ordinary locomotives on the highway.

"(a) The council of any county or county borough shall have power . .

As to these councils, see the Local Government Act, 1888. The county boroughs are set out in Schedule III. of that Act. As to public notices by local authorities of regulations made by the Local Government Board, see sect. 10 of the Motor Car Act, 1903.

The only bye-laws which such councils have the power of making with regard to motor cars under the Act of 1896 are for the protection of bridges (1). The following extract is taken from the letter, dated 10th November, 1896, directed by the Secretary of the Local Government Board to the clerks to the various local authorities :

"Bye-laws by Council of County or County Borough.

"Under proviso (a) to sect. 1 (1) of the Act the council of any county or county borough are empowered to make bye-laws preventing or restricting the use of light locomotives upon any bridge within their area, where the council are satisfied that such

(g) 41 & 42 Vict. c. 77, s. 30.

(h) Pitt Rivers v. Glasse, 55 J. P. 663.

(i) 16 & 17 Vict. c. 128, s. 1.

(k) Chisholm v. Doulton, 22 Q. B. D. 736.

(7) As to the making of bye-laws by a county or borough council, see Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50, s. 23); Public Health Act, 1875 (38 & 39 Vict. c. 55); and Local Government Act, 1888 (51 & 52 Vict. c. 41, s. 16). Cf. also restrictions as to bridges under the Locomotive Act, 1861, ss. 6 and 7.

use would be attended with damage to the bridge or danger to the public.

"Bye-laws made under this provision will not require sanction or confirmation by the Board or by any other authority."

Under sect. 10 of the Act of 1903 the local authorities, within the meaning of sect. 9, shall give public notice of regulations of the Local Government Board prohibiting or restricting the use of motor cars, or limiting the speed, on any highway, and shall also set up sign posts signifying dangerous places where

necessary.

"(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 byelaw ..." (m).

By this sub-section every light locomotive within the meaning of this Act, whether called auto-car, motor car, horseless carriage, motor cycle, hackney carriage, omnibus, stage coach, or by any other name, and whether used as a private, tradesman's, or public conveyance, is to be deemed a carriage within the meaning of any and all Acts of Parliament which deal with carriages, for all purposes. Carriages may be divided for the purpose of definition into several classes-private carriages, public carriages (stage or hackney carriages, &c.), tradesman's carts, agricultural waggons, &c. But these definitions will be more conveniently dealt with later on.

The following extract is taken from a letter from the Local Government Board, addressed to the clerks to the various local authorities (n), and accompanying the Local Government Board Regulations:

"Light Locomotive to be deemed a Carriage.

"A light locomotive is to be deemed 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, is to be deemed to be a carriage of that class, and the law applying to carriages of that class is to apply accordingly. (Section 1 (1) (b).) Consequently, if, e.g., a light locomotive is used as a hackney carriage, all statutory provisions and byelaws with regard to hackney carriages in force in the place in which the light locomotive is used will apply to it."

A definition of what is deemed to be " a carriage" will be found in the Revenue Act, 1888 (o), under which Act motor

(m) Local Government Board Regulations, 1896, Art. I. The expression "carriage" includes a wagon, cart, or other vehicle.

(n) Dated 10th November, 1896.

(0) 51 & 52 Vict. c. 8, s. 4 (3).

cars have to pay duty in addition to the duty payable under sect. 8 of the present Act (p) whenever the Revenue Act applies.

"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."

The following definitions of "carriages" may be usefully referred to:

Section 4 of the Customs and Inland Revenue Act, 1888, defines the duties of excise which are payable in respect of all carriages and hackney carriages. Sub-sect. 3 defines what is the meaning of a carriage in the following words :-"Carriage means and includes any carriage (except a hackney carriage) drawn by a horse or mule, or horses or mules, or drawn or propelled upon a road or tramway, or elsewhere than upon a railway, by steam or electricity, or any other mechanical power, but shall not include a waggon, cart, or other such vehicle, which is constructed or adapted for use, and is used, solely for the conveyance of any goods or burden in the course of trade or husbandry, and whereon the christian name and surname, and place of abode, or place of business, of the person, or the name and style and principal or only place of business of the company or firm keeping the same shall be visibly and legibly painted in letters of not less than one inch in length."

The sub-section then continues:- 66 Hackney carriage means any carriage standing or plying for hire, and includes any carriage let for hire by a coachmaker or other person whose trade or business is to sell carriages or to let carriages for hire, provided that such carriage is not let for a period amounting to three months or more" (q).

As to the duties payable in respect of motor cars, this will be dealt with later under sect. 8.

As to fees payable for registration of motor cars, or for licences to drivers, see sects. 2 and 3 of the Motor Car Act, 1903. Further definitions of what is a stage carriage, hackney carriage, omnibus, or public carriage, &c., are to be found in the Stage Carriages Act, 1832 (r), in the Towns Police Clauses Act, 1847, s. 38 (s), and in the Towns Police Clauses Act, 1889, ss. 3 and 4 (t). Under sect. 38 of the Towns Police Clauses Act, 1847, the term "hackney carriage" includes every wheeled

(p) See notes on sect. 8, post, p. 32.

(1) Under this sub-section an omnibus has been held to be a hackney carriage while plying along a fixed route: Hickman v. Birch, 24 Q. B. D. 172.

(r) 2 & 3 Will. 4, c. 120, s. 5. N.B.-This section has been repealed by sect. 39, Customs and Inland Revenue Act, 1869.

(s) 10 & 11 Vict. c. 89.

(t) 52 & 53 Vict. c. 14.