The Law of Locomotives Article 1.
Page 2
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By a Barrister-at-Law.
In a previous series of articles I dealt with certain points of law relating to heavy motorcars. In this and subsequent articles I ptopose to deal with the law affecting " Locomotives. '
A locomotive may be roughly defined as "a vehicle propelled by mechanical power whose unladen weight exceeds five tons or which draws more than one trailer."
The law governing locomotives is contained principally in the following Acts : —The Locomotives Act, 1881; the Locomotives Act, 1865; the Highways and Locomotives (Amendment) Act, 1878; and. the Locomotives Act, 1898.
The difficulty in considering the law on the subject is, that each succeeding Act has repealed or modified various sections of the preceding Acts, and one has continually to be considering whether some particular section is repealed or is still in force.
In these articles I shall only consider the law so far as it applies to England and Wales. The law affecting. Scotland and Ireland. is slightly different in
fewPmmor respects.
I have divided this article into four heads.
(1) Regulations with regard. to the construction of locomotives.
(2) Driving regulations.
(3) Matters which affect local authorities.
(4) The law on " Extraordinary Traffic" and recent case law on the subject.
The Unladen Weight of Locomotives.
The Highways and Locomotives (Amendment) Act, 1878, section 28, provides that
" A-locomotive shall not exceed 9 ft. in width or 14 tons in weight." There is a proviso, however, that "the county authority of any county may, on the application of the owner of any locomotive exceeding 9 ft. in width or 14 tons in weight, authorize such locomotive to be used on any . . highway within the areas . . . above mentioned, or part of any such highway under such conditions (if any) as to them may appear desirable." This same section 28 also deals with the width of tires of locomotives. In the case of a locomotive not drawing a trailer, the tires of the wheels 'must not be less than 1 in. in width for every ton or fractional part of a ton weight of the locomotive unladen with a minimum width of 3 ins.
In the case of a locomotive drawing a trailer or trailers the tires of the driving wheels of the locomotive shall not be less than 2 ins, for every ton in weight of the locomotive, unless the diameter of such wheels exceed 5 ft., when the width of the tires may he reduced in the sathe proportion as the diameter of the wheels is increased, but in such ease the width of such t:res shall not be less than 14 ins.
Sub-section 4 of this section provides that—
The driving wheels of a locomotive shall be cylindrical and smooth-soled or shod with diagonal cross-bars of not less than 3 ins. in width nor more than in, in thickness, extending the full breadth of .the tire, and the space intervening between each such cross-bar shall not exceed 3 ins.
This sub-section is now modified by two orders of the Local Government Board, dated 21st November, 1903, and 7th August, 1905. The former order provides that the driving wheels may (subject to certain conditions) be shod with wooden blocks instead of being smooth-soled, or shod with cross-bare, while the latter order permits under certain conditions the use of " pedrails."
The penalty for contravening this section shall not exceed £5.
Jib) Trailers; Number, and Loading.
Section 2, sub-section (1) of the Locomotives Act, 1898, provides that " A locomotive shall not be used on any highway to draw more than three loaded wagons (exclusive of any wagon solely used for carrying water for the locomotive) without the consent, so far as regards highways situated in a municipal borough, of the council of the borough, and, so far as regards highways not so situated, of the County Council," under a penalty not exceeding £10. Section 4 of the Locomotives Act, 1861, deals firstly with weights which trailers not haying cylindrical wheels may legally carry, but as at the present day practically all trailers have cylindrical wheels the provisions of this part of the section are not of practical interest.
Section 4 then deals with the cases of trailer having cylindrical wheels. The weights which such a trailer may carry (not inclusive of the weight of the trailer itself) are as follow : For each pair of wheels ... ... 11 ton For each pair of wheels when the tires are not less than 4 ins, in breadth ..2 tons
For each pair of wheels when the tires are not less than 6 ins. in breadth ... 3 tons For each pair of wheels when the tires are
not less than 8 ins, in breadth ... 4 tons If the trailer is constructed with springs upon each axle then such trailers "are allowed to carry one-sixth more weight in addition to the above-mentioned weights upon each pair of wheels." " For every single wheel half of that which it is permitted to he Carried on a pair of wheels!'
Section 1 of the Locomotives Act, 1898, amends this seeti&n by providing that the above regulations "shall not extend to any trailer carrying only one block, plate, cable, tool, vessel of stone or metal, or other single article being of a greater weight than 16 tons, but the tires of such wagon (trailer) shall not be less than 8 ins, in breadth, and any damage arising from the use of such wagon shall be deemed to be damage caused by excessive weight within the meaning of section 23 of the Highways and Locomotives Amendment Act, 1878, as amended by thie Act."
There is of course, no reason why trailers should not be fitted with six or more wheels, for Sect-ion 4 of the Act of 1861 only limits the weight to be borne on each pair of wheels and places no limit either on the number of wheels a trailer may have or on the load a trailer may carry.
Locomotives Must Consume their Own Smoke.
The law on this subject is contained in section 30 of the Highways and Locomotives Amendment Act, 1878, which provides that " Every locomotive used on any . . . highway shall he constructed on the principle of consuming its own smoke ; and any person using any locomotive not so constructed, or not consuming so far as practicable its own smoke, shall be liable to a fine not exceeding for every day driving which such locomotive is used on any such . . . highway."
The leading case on this section is that of Pitt Rivers v. Glass, 1891, 55, S.F., 663, where the prosecution have proved that black smoke has issued from the locomotive. The defendant in order to escape liability-must prove two things.
(1) That the engine was, in fact, constructed so as to consume its own smoke, and
(2) That it did, in fact, consume it so far as practicable, i.e., that the owner had done an in his power to make the engine consume its smoke.