The Law of Locomotives.—Article IlL
Page 17
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Restricting Roads and Bridges.
By a Barrister-at-Law.
In my two previous articles I dealt primarily with : —(1) the conditions of construction a locomotive must comply with in order that it may legally use the highway ; (2) the manner in which it may be used on the highway. In this article I propose to deal with the restrictions which are imposed on locomotives with regard to the use of certain bridges and highways.
Not Lawful to Use a Suspension Bridge Without Permission.
By Section 6 of the Locomotives Act, 1861, it is provided "that it shall not be lawful for the owner or driver of any locomotive to drive it over any suspension bridge' nor over any bridge on which a conspicuous notice has been placed, by the authority of the Surveyor or persons liable to the repair of the bridge, that the bridge is insufficient to carry weights beyond the ordinary traffic of the district, without previously obtaining the consent of the Surveyor of the road or Bridgemaster under whose charge such bridge shall be for the time being, or of the person liable to the repair of such bridge."
County or Borough Authorities May Pass By-laws
Restricting Use of Certain Bridges.
The Locomotives Act of 1898 conferred on county and borough authorities considerable powers with regard to the making of by-laws prohibiting locomotive traffic.
• By Section 6 sub-section 1 of the Locomotives Act, 1898, it is provided : "The council of a County or any Borough containing according to the census of 1881 a
• population of 10,000 or upwards may by by-law (a) prohibit or restrict the use of a locomotive on any specified highway in their County or Borough on account of the highway being crowded or unfitted for locomotive traffic, or of the inconvenience caused to inhabitants, or of any other reasonable cause ; and "(b) regulate the use of locomotives and wagons drawn by locomotives on any highway ; and
"(c) prohibit or restrict the use of .a locomotive on any specified bridge in their County or Borough if they are satisfied that such bridge is unsuited for locomotive traffic, or that the use of such bridge would be attended with damage to the bridge or danger to the public."
Councils May Give Special Authority for Use of Bridge or Road (Ordinarily Prohibited.
This same section goes on to provide that councils "where their by-law prohibits the use of locomotives on any highway" may "give special authority for the use of a locomotive on the highway if in any case it appears necessary for the delivery of goods or for any other particular purpose." A council shall "not give such special authority for the use of a locomotive on any bridge except with the consent of the person liable to the repair of such bridge" and the council "may with such consent give such special authority subject to payment being made by the person applying for such special authority to the person liable to the repair of such bridge of the cost of temporarily strengthening such bridge on each occasion of such use." The offence of acting in contravention to any by-law under the above section is punishable by a fine not exceeding £5.
Owner has the Right of Appeal if Restriction be Deemed Unreasonable.
If an owner of a locomotive is aggrieved by any restriction or prohibition on the passing of locomotives over any bridge either under Section 6 of the Locomotives Act, 1861 (ante) or under any by-law made under the Locomotives Act, 1898, the owner has the right of appeal to the Local Government Board, and if it is shown that the restriction or prohibition is unreasonable the Local Government Board may order its removal or that it be modified. In the case of a bridge which a railway company is liable to repair an appeal lies to the Board of Trade in substitution for the Local Government Board.
Owner or Driver Responsible for Any Damage Caused.
By Section 7 of the Locomotives Act, 1861, it is provided that where a road upon which locomotives may be used passes over any river, watercourse, railway, etc., by means of any bridge or arch and such bridge or its supports, etc., are damaged by any locomotive or trailer either by passing over it or coming into contact with it, then the owner or the person in charge of the locomotive causing the damage shall "forthwith and at his own expense" repair the bridge to the satisfaction of the proprietor, etc., of the bridge. Further, the owners or the person in charge of the locomotives are liable to reimburse the owners of the river, canal, railway, etc., for any loss occasioned them due to the delay, obstruction, etc., caused by the bridge being damaged. It would appear from the case of Reg. v. Kitchner, 1873, L.R. 2 C.C.R., p. 88, that the above section does not apply to county bridges but only to those bridges which are vested in private persons, and that the section does not relieve the inhabitants of a county from their liability to repair their bridges.
Summary.
(1) A locomotive must not cross a suspension bridge without the ,consent of the Surveyor of the road or Bridgemaster who is in charge of the bridge, or to the person liable to the repair of such bridge. (Section 6, Locomotives Act, 1861.) (2) A locomotive must not cross a bridge if a notice is "conspicuously affixed" by the proper authorities stating that the bridge is insufficient to carry weights beyond the ordinary traffic of the district. (Section 6, Locomotives Act, 1861.)
(3) In cases where no notice is affixed and the bridge is vested in private persons the owner and person in charge of a locomotive may use the bridge, but at their own risk, i.e., if the bridge be damaged by the locomotive the owner and the persons in charge of the locomotive are jointly and severally liable both for the repair of the bridge and also to make good to the owners of the river, etc., over which the bridge passes any loss they may have sustained due to the delay caused by the bridge being damaged. (Section 7, Locomotives Act, 1861.)
(4) County Councils and certain Borough Councils have the power of making by-laws prohibiting the use of locomotives on certain roads and bridges. (Section 6, Locomotives Act, 1898.) The above regulations do not affect light locomotives, i.e., heavy, motorcar under five tons weight unladen, with the exception of Section 7 of the Locomotives Act, 1861 (ante), to which section heavy motorcars are amenable.