Act '78, s. 28.

Weight of locomotives and con

WEIGHT AND CONSTRUCTION OF LOCOMOTIVES.

It is unlawful to use on any turnpike road or highway in England a locomotive constructed otherwise struction of than in accordance with the following provisions, that

wheels.

Owner liablo to fine of £5.

is to say:

(1.) A locomotive not drawing any carriage, and

not exceeding in weight three tons, shall have the tires of the wheels thereof not less than three inches in width, with an additional inch for every ton or fraction of a ton above the first three tons; and

(2.) A locomotive drawing any waggon or carriage shall have the tires of the driving wheels thereof not less than two inches in width for every ton in weight of the locomotive, unless the diameter of such wheels shall exceed five feet, when the width of the tires may be reduced in the same proportion as the diameter of the wheels is increased, but in such case the width of such tires shall not be less than fourteen inches; and

(3.) A locomotive shall not exceed nine feet in width or fourteen tons in weight, except as hereinafter provided; and

(4.) The driving wheels of a locomotive shall be cylindrical and smooth-soled, or shod with diagonal cross-bars of not less than three inches in width nor more than three-quarters of an inch in thickness, extending the full breadth of the tire, and the space intervening between each such cross-bar shall not exceed three inches.

The owner of any locomotive used contrary to the

foregoing provisions shall for every such offence be Act '78, 8.28. liable to a fine not exceeding £5:

of London,

may autho

of rize locoa ceeding 9

motives ex

feet in width or 14 tons in

used.

Provided that the mayor, aldermen, and commons Mayor, &c. in the city of London, and the Metropolitan Board of &c., &c., Works in the metropolis, exclusive of the city London, and the council of any borough which has separate court of quarter sessions, and the county authority of any county, may, on the application of the weight to be owner of any locomotive exceeding nine feet in width or fourteen tons in weight, authorize such locomotive to be used on any turnpike road or highway within the areas respectively above mentioned, or part of any such road or highway, under such conditions (if any) as to them may appear desirable.

liable to fine

locomotive

sub-section

Provided also, that the owner of a locomotive used Owner not contrary to the provisions of sub-section two of this for using section shall not be deemed guilty of an offence under contrary to this section if he proves to the satisfaction of the court 2 on proof having cognizance of the case that such locomotive was constructed before the passing of the Highways and Locomotives (Amendment) Act, 1878, and that &c. the tires of the wheels thereof are not less than nine inches in width.

that it was constructed before passing of Act,

Id. s. 30. Locomotives

structed so

sume their

Every locomotive used on any turnpike road or highway must be constructed on the principle of con- to be consuming its own smoke; and any person using any as to conlocomotive not so constructed or not consuming, so smoke. far as practicable, its own smoke, is liable to a fine not exceeding £5 for every day during which such locomotive is used on any such turnpike road or highway.

RULES FOR WORKING LOCOMOTIVES.

Every locomotive propelled by steam or any other Act '65, s. 3. than animal power on any turnpike road or public

Act '65, s. 3. highway must be worked according to the following rules and regulations, viz. :—

Act '78, s. 29.

Aet '65, s. 3.

Penalty on

owner on non-com

Firstly. At least three persons shall be employed to drive or conduct such locomotive, and if more than two waggons or carriages be attached thereto an additional person shall be employed, who shall take chargeof such waggons or carriages:

Secondly. One of such persons, while the locomotive is in motion, shall precede by at least twenty yards the locomotive on foot, and shall in case of need assist horses and carriages drawn by horses passing the same:

Thirdly. The drivers of such locomotives shall give as much space as possible for the passing of other traffic:

Fourthly. The whistle of such locomotive shall not be sounded for any purpose whatever; nor shall the cylinder taps be opened within sight of any person riding, driving, leading, or in charge of a horse upon the road; nor shall the steam be allowed to attain pressure such as to exceed the limit fixed by the safety valve, so that no steam shall blow off when the locomotive is upon the road:

Fifthly. Every such locomotive shall be instantly stopped, on the person preceding the same, or any other person with a horse, or carriage drawn by a horse, putting up his hand as a signal to require such locomotive to be stopped :

Sixthly. Any person in charge of any such locomotive shall provide two efficient lights, to be affixed conspicuously, one on each side on the front of the same, between the hours of one hour after sunset and one hour before sunrise:

In the event of a non-compliance with any of the provisions of this section, the owner of the locomotive,

rules.

on summary conviction before two justices, is liable to Act'65, s. 3. a penalty not exceeding £10; but the owner, on prov- pllance with ing that he has incurred such penalty by reason of the Recovery negligence or wilful default of any person in charge of by owner or in attendance on such locomotive, may recover sum- defaulter. marily from such person the whole or any part of the penalty he may have incurred as owner.

from actual

Id.s.4. Limit of

No locomotive can be driven along any turnpike road or public highway at a greater speed than four speed. miles an hour, through any city, town, or village at a greater speed than two miles an hour;

Any person acting contrary thereto shall for every such offence, on summary conviction, forfeit not exceeding £10.

Id. s. 7. Name and

residence of

owner to be

The name and residence of the owner of every locomotive must be affixed thereto in a conspicuous manner, If it is not so affixed, the owner, on summary convic- affixed. tion, is liable to a penalty not exceeding £2.

Bye-laws as

during

which loco

motives may
not pass
over roads.

The mayor, &c., in the city of London, and the Me- Act '78, s. 31. tropolitan Board of Works in the metropolis, exclusive to hours of the city of London, and the council of any borough which has a separate court of quarter sessions, and the county authority of any county, may make bye-laws as to the hours during which locomotives are not to pass over turnpike roads or highways situate within the areas respectively above mentioned, the hours being in all cases consecutive hours, and no more than eight out of the twenty-four, and for regulating the use of locomotives upon any highway, or preventing Preventing. such use upon every bridge where such authority is bridges. satisfied that such use would be attended with danger to the public.

Any person in charge of a locomotive acting contrary to such bye-laws is liable to a fine not exceeding £5.

use on

Act'61, 6, 12.

Provisions

in Turnpike Acts to

apply to

&c.

PROVISIONS IN GENERAL ACTS, AND SAVINGS. All clauses and provisions of any general or local Acts relating to turnpike roads or highways, so far as locomotives, they are not altered or repealed by or are not inconsistent with the provisions of this Act, apply to all locomotives propelled by other than animal power, and to all waggons, wains, carts and carriages of any other description drawn by such locomotive, and to the owners, drivers and attendants thereof, in like manner as if drawn by animal power:

Weight and owner's

name to be affixed.

Act '65, s. 6.
Restrictions

engines

within 25

yards of

apply to

ing purposes.

Provided the weight of every locomotive, and the name of the owner or owners thereof, be conspicuously and legibly affixed thereon:

Any owner not having affixed such weight and name shall upon conviction before two justices, forfeit not exceeding £5:

Any owner who fraudulently affixes thereon any incorrect weight, shall upon conviction, forfeit not exceeding £10:

Any provision in any Act prohibiting under penalty as to steam the erection and use of any steam engine, gin, or other like machine, or any machinery attached thereto, within roads not to the distance of twenty-five yards from any part of any locomotives turnpike road, highway, carriageway, or cartway, unless for plough such steam engine, gin, or other like engine or machinery be within some house or other building, or behind some wall, fence, 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 for the purpose of ploughing within such distance of any turnpike road, highway, carriageway, or cartway:

Provided a person shall be stationed in the road, and employed to signal the driver when it shall be