AN INTERESTING STEAM APPEAL.
Page 9
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A case of unusual interest to commercial motorists was heard at the Manchester County Sessions on the 3rd of July. The Bury (Lancashire) Justices had convicted the driver of a Foden steam wagon under Sec. 30 of the Highways and Locomotive (Amendment) Act, 1878, for that he did unlawfullyUse on a Certain highway . . a locomotive which did not then as far as practicable consume its own smoke" and had imposed a fuse of £2. The driver appealed to Quarter Sessions.
At the hearing of the appeal the ease for the respondents (the 3 ustioes) consisted of the evidence of a police constable and a police sergeant, who both stated that on the day in question the vehicle driven by the appellant gave off black smoke over a distance of several hundred yards.
The case for the appellant was as follows: See. 1 of the Locomotives on Highways Act, 1896, provides:—
"The enactments mentioned in the schedule to this Act.. . . shall not apply to any vehicle propelled by mechanical power if it is under three tone weighs unladen" (increased to five tons by Article HI of the Heavy Motor Car Order, .1904) " and is not used for the purpose of drawing more than one vehicle . . and is so constructed that no smoke or visible vapour is emitted therefrom ekcept from any temporary or aceidental cause . . vehicles so exempted are in this Act referred to as light locomotives." Among the enaetments mentioned in the schedule to this Act is Part II of the Highways and Locomotives (Amendment) Act, 1678,.. which includes Section 30, under which the appellant was convicted. The case therefore resolved into this. Did the vehicle in question comply with the provisions of Section 1 of the Locomotives on Highways Act, 1896, so as to be eonetituted as a light locomotive ? If the vehicle did comply with the provisions of Section 1, then the appellant was notguilty of the offence, as Section 80 of the Highways and Locomotives (Amendment) Act, 1878, only applies to locomotives. Light locomotives being exempt from its provisions by virtue of Section 1 of the Act of 1826 and the schedule attached thereto.
Now the four conditions which it is necessary that .a vehicle shall comply with in order to be bonetituted as a light locomotive are as follow :— (1) The vehicle must be propelled by mechanical power.
f2) It must not be used for drawing more than one vehicle.
(3) It must be under five tons weight unladen.
(4) It must be so constructed that no smoke or visible vapour is emitted therefrom except from any temporary or accidental cause.
It was not disputed by the respondents' that the vehicle was in. conformity with conditions 1 and 2. As regards weight, evidence was given by the eons suiting engineer to the makers of the wagon that every vehicle on completion was carefully weighed and tested. After the makers had satisfied themselves that the vehicle complied with all the provisions of the Acts, they invited the registration authorities to make the necessa-ry inspection of the vehicle, and when the authorities in their turn were satisfied, the wagon was duly registered. In no ease was a wagon registered till it had been ascertained that the weight was under five tons.
After this evidence had been. given, counsel for the respondents intimated that he did not intend to dispute the question of weight. The only question which remained in dispute was whether the wagon was "so constructed that no smoke or visible vapour was emitted therefrom except from any temporary or accidental cause."
On this point two expert witnesses (Col. R. F. Crompton, C.B., and Mr. Thos. Davies) were called by the appellant, and their evidence was shortly as follows (1) All Foclen wagons, of which there were some 3000 in use, were constructed on the same principle with regard to smoke consumption. (2) That principle was the most effective known to engineers, and no improvement could be suggested. (e) If Welsh coal were used it was absolutely impoersible for the vehicle to give off "smoke," though after stoking particles of coal dust might possibly be drawn up the funnel of the wagon, and to the uninitiated would have the appearance of smoke ; such a condition would only be temporary. Steam mi4t also be given off if the pressure was allowed to all and the vehicle was proceeding up hill, but this would be due to an accidental cause and would be of temporary duration. Evidence was also given on behalf of the appellant by the owners of the vehicle that only the best Welsh coal was used.
The Justices allowed the appeal, holding that the wagon came within the definition of a light locomotive under Section 1 of the locomotives on Highways Acts 1896, and that therefore Section 30 of the Highways and Locomotives (Amendment) Act, 187S, did not apply.
It is only right to point out that when the case was heard in the first instance by the Bury Justices, no expert evidence was available,, otherwise, no doubt, the decision of the Bury Justices would have been different. Their decision has involved the police in heavy expense.