STATUTORY RULES AND ORDERS, 1925. No. 1,229.
Page 10
Page 11
If you've noticed an error in this article please click here to report it so we can fix it.
The Motor Cars (Use and Construction) Order, 1925.
Whereas by Section 6 of the Locomotives on Highways Act, 1896 (59 and 60 Viet. C. 36) as amended by the Motor Car Act, 1903 (3 Edw. 7. c. 36) it is enacted that the Local Government Board may make regulations with respect to the use of motorcars On highways and their construction and the conditions under which they may be used.
And whereas by Section 10 of the Locomotives on Highways Act, 1896, it is enacted that in the application of that Act to Scotland a reference to the Secretary for Scotland shall be substituted for a reference to the Local Government Board.
And whereas by the Motor Cars (Use and Construction) Order, 1904 (SM. and O., 1904, No. 315), and the Motor Cars (Use and Construction) (Scotland) Order, 1904 (SR. 609 and 0., 1904, No.—) the Local Government Board and S. 3 B24 the Secretary for Scotland respectively made regulations with respect to the use of motorcars and highways and the conditions under which they may be used.
And whereas the Orders mentioned in the Third Recital hereof have been amended from time to time and in particular by the Motor Cars (Use and Construction) Amendment Order, 1913 (S.R. and O., 1913, No. 444) and the Motor Cars (Use and Construction) (Scotland) Order, 1913 (SM.
438 and 0., 1913, No. —).
And whereas by the Ministry of Transport Act, 1919 (9 and 10 Geo. 5, c. 50), and the Ministry of Transport (Ministry of Health Ex3eption of Powers) Order, 1919 (5.B. and 0., 1919, No. 1,441) and the Ministry of Transport (Secretary for Scotland Transfer and Exception of Powers) Order, 1920 (S.R. and 0., 1920, No. 2,122) the
powers of the Ministry of Health as successors to the Local Government Board and the Secretary for Scotland respectively in relation to the subject matter of this Order were transferred to the Minister of Transport.
Now, therefore, in exercise of the powers in that behalf vested in him the Minister of Transport hereby orders as follows.—
Article Motor Cars (Use and Construction) Amendment Order, 1913, and the Motor Cars' (Use and Construction) (Scotland) Order, 1913, are hereby revoked. Article IL—Article II of the Motor Cars (Use and Construction) Order, 1904, and Article II of the Motor Cars (Use and Construction) (Scotland) Order, 1904, shall respectively have effect as if there were added to Condition :(4) at the end thereof the following paragraph :— " Provided also that in the case of a Motor Car which is propelled by steam and which : (a) exceeds two tons in weight unladen; and .(b) has one brake in good working order, and of such efficiency that the application of that brake to the motorcar shall cause two of its wheels on the same ,axle to be so held that the wheels shall be effectually prevented from revolving; and (c) is not used as a stage carriage or for the con
veyance of passengers for gain or hire— the engine of that motorcar shall be deemed to be the second independent brake required by this Condition if
(i) in the case of a motorcar constructed on or before the first day of January, 1927, such engine be capable of being reversed, or (ii) in the case of a motorcar constructed after the first day of January, 1927, such engine -be capable of being reversed and be incapable of being disconnected from the rear wheels of the motorcar except by the sustained effort of the driver."
Article III.—Article III of the Motor Cars (Use and Construction) Order, 1904, and Article HI of the Motor Cars (Use and Construction) (Scotland). Order, 1004, shall respectively have effect (i) as if there were added to Condition (2) at the end thereof the following proviso:—
"Provided that this Regulation shall not apply to any vehicle whose unladen weight does not exceed ten hundredweights when such vehicle is being drawn in connection -with the construction, reconstruction, repair or maintenance of a road," and
:(ii) as if there were added to Condition (3) at tile end thereof the following words:— " or where the vehicle drawn is by reason of construction, use or othewise such that it is impracticable for a person to he carried thereon in accordance with this condition, if such vehicle is accompanied by a person walking alongside for the sole purpose of applying the brake when necessary, and if the speed of the motorcar drawing such vehicle does not exceed three miles per hour."
Article IV.—Nothing in this Order shall—
,(a) affect the operation prior to the date of this Order of the regulations made in the Motor Cars (Use and Construction) Order, 1904, and the Motor Cars (Use and Construction) (Scotland) Order,. 1904, as reipectively amended by subsequent Orders or anything duly done or suffered under those regulations; or (b) affect any right, privilege, obligation or liability acquired, accrued or incurred under those regulations ; or 1(c) affect any fine or punishment incurred in respect of a breach of those regulations; or ;(d) affect any legal Proceeding or remedy in respect of any such right, privilege, obligation liability, fine or punishment ; and any such legal proceedings or remedy may be instituted, continued or enforced and any such fine or punishment may be imposed as if the Order had not been made.
Article V.—This Order shall have effect on and from the first day of January, 1926.
Article VI.—This Order may be cited as "The Motor Cars (Use and Construction) Amendment Order, 1925."