The " Self-propelling " Road Train.
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Is It Permissible under the Motorcar Acts ?
By W. Joynson-Hicks, Solicitor to the National Traction Engine Owners' and Users Association.
The use of self-propelled vehicles on the highways of this country has been so limited by restrictions imposed by the Legislature, that it becomes necessary for an owner of such a vehicle, before using it on the highway, to consider under which of the various Acts affecting self-propelled vehicles it fails. It is by no means easy to come to a decision on this matter, and, as an illustration of this, the writer has in mind a case (which is now under appeal to the I ugh Court) where the local justices decided that a certain motorcar came within the I leavy Locomotives. Ad, of 1'878, and convicted under a section of that Act ; but, at the same time, they treated the car as being within the Motorcar Act, of 1903, and endorsed the conviction on the license under the latter Act !
It is curious that, because locomotives, in 1861, were likely to become common on turnpike and other roads in this country, restrictions were imposed on them, yet, because, in recent years, the use of light locomotives has become common in other countries, the restrictions imposed on their use in this country have been either removed or relaxed. The Acts of Parliament affecting self-propelled vehicles are prohibitory; that is to say, the use of self-propelled vehicles is now prevented by statute, unless such vehicles are constructed and used in accordance with the regulations contained in such statutes. The question asked by this article, therefore, arises, and, to answer it, one must judge the description of the train, whether it comes within those:leffpropelled vehicles which are still permitted to be used on our highways, and, if so, whether it is entitled to the benefit of the more liberal provisions of the Motorcar Acts (1896 and 5903).
The " self-propelling " road train which has prompted this article, is, the Renard road train. Apart from mechanical detail, it consists of a leading motorcar, propelled either by a steam engine or an internal-combustion motor, with means of transmitting so much of the power as is required to a train of following wagons. These wagons are, therefore, self-propelled, so long as the whole of the engine power is not absorbed by the motorcar itself : a long propeller shaft, jointed and coupled at numerous points, extends, centrally, along the whole line of vehicles, and the two wheels on one of the three axles on each of the non-Over units are rotated from the common source—the engine on the front unit of all. For the purpose of this article, it is assumed that the power unit weighs under two tons unladen, and that each of the other units weighs above one ton but under 30 cwt, ; thus the 61-ton limit of the I Ief:Ivy Motorcar Order, 1904, if applicable at all, would, often, cover the power unit and three others. To ascertain whether such a train is relieved from the restrictions imposed on self-propelled vehicles by the Loco motives Acts of 1861, 1865, 1878 and 1898, one must examine the first section of the Light Locomotives Act, of 1896, which provides that the earlier Acts restricting the use of locomotives on highways shall not apply to any vehicle under three tons in weight unladen (now increased to five tons), and which 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 except from any temporary or accidental cause : this is the legal definition of a motorcar. Assuming that the weight limit is not exceeded, and that the vehicle is constructed in accordance with this section, the question remains—is the road train a vehicle propelled by mechanical power and not used for the purpose of drawing more than one vehicle? I answer, no. There can be no doubt that the Legislature did not intend the Act to apply to such a train. In the front of the train there is the vehicle propelled by mechanical power (No. t); then comes vehicle No. 2. So tar, no question arises, but, behind No. 2, is vehicle No. 3. Now, if No. 3 is being drawn, the whole thing is outside the iV:t : can it be said that No. 3 is self-propelled, and not drawn by No. 1? Probably, in the course of its journey, it would be sometimes self-propelled, and sometimes drawn ; for instance, in climbing a hill, very little vowelindeed might reach No. 3. Assuming, however, that No. 3 is a self-propelled vehicle, then it becomes a light locomotive, and is subject to all the provisions of the Motorcar Acts, 1896 and 1903. It must itself be licensed, apart from the train of which it forms part. It must have lights, and carry a bell, or, the now more common hooter. (Fancy a train of six cars with six electric hooters all going at once !) It must have two independent brakes. It must have a driver on it while being self-propelled. Apart from all this, No. 3, unless it is coupled to No. i, cannot be self-propelled, and, therefore, is not a light locomotive, and, consequently No. 3 must be regarded as being a vehicle drawn within the meaning of the c' t. The remarks which I have applied to No. 3 apply equally to any trucks coupled behind. Assuming, for the moment, that it could be contended, rightly, that the entire train is one motorcar, or light locomotive, then.the unladen weight of the train must not exceed 5 tons, and the total weight of the train and load must not exceed 12 tons.
I have dealt with the Renard train, considering if it were possible to treat it as a motorcar under the provisions of the existing Acts, but have hardly thought it necessary to go into the like detail to see if it could come under the Locomotives and Highways Acts ; in other words, to see if it could be treated as a traction engine. I think the restriction on speed would, alone, render it useless under those Acts; but, apart from that, the points of definition of a traction engine are so clear, that the train could not possibly be licensed as such.
Apart from the question raised by this article, the use of such a train as the Renard, with four or five trucks, would, no doubt, be prohibited by bye-laws made by the Local Coy-eminent Board, who may, on the application of any local authority, prohibit or restrict the use of locomotives for purposes of traction in crowded streets, or in other places where such use may be attended with danger to the public, and such use would, in. the case of many highways, constitute a nuisance at common law, which would be prevented by injunction. To sum up, no mechanically-propelled vehicle is permitted on the English roads, except under the provisions of certain Acts of Parliament-. . This train does not, and cannot, come within the provisions of any of those Acts ; therefore, it cannot run on any English highways.