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Defects in Acts and Regulations. VI.

3rd February 1916
Page 16
Page 16, 3rd February 1916 — Defects in Acts and Regulations. VI.
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Which of the following most accurately describes the problem?

By a User a Heavy Vehicles.

Article XIV refers to the use of heavy motorgars on bridges. This article was revised by an Order dated 11th February, 1907, and it is the revised version which is dealt with below.

Section 1 states that where the person who is liable for the repair of a bridge states in a prescribed notice. that the bridge is insufficient to carry more than a stated maximum axle weight, then, no heavy motorcar having a greater axle weight shall be driven over such bridge, without the consent of the person liable for the repair of the same. The owner and driver are equally responsible for compliance with this condition.

Arbitration Provided For.

Section 2 provides for arbitration in any case where the owner of a heavy motorcar does not agree that the limits of weight have been reasonably fixed by the person responsible for the repair of the bridge. There is no indication of how the arbitrator is to be appointed, whether the losing side pays all expenses, or whether the arbitrator can apportion costs. Presumably it is intended that the arbitrator shall be appointed by the Local Government Board. This ambiguity as to procedure should be removed, as it leaves matters in an unsatisfactory position. Section 3 defines the expression "prescribed notice" and states that such notice must be placed at each end of the bridge in a conspicuous position.

Heavy Motors on Bridges.

Section 4 states that the owner of a heavy motorcar, the registered axle weights of the several axles of which with the axle weights of the several axles of any trailer drawn by the heavy motorcar, exceed in the aggregate six tons, shall not 'cause or suffer the heavy motorcar to be driven, and the person driving or in charge of the heavy motorcar shall not drive the heavy motorcar upon a bridge forming part of a highway at any time when another heavy motorcar, or a locomotive to which the Locomotives Act of 1898 applies, is on the bridge.

This Section is important in that it refers to a heavy motorcar as a distinct type of vehicle apart from a locomotive under the Locomotives Act, 1898a distinction which is not always recognized in police courts. Otherwise the Section is simply a further example of the futility of leaving the making of laws to those who are absolutely ignorant of the conditions under which the vehicles for which they legislate have to work. A "Heavy Motor Oar" is, none the less, under the 1893 Act, termed a "Light Locomotive."

The Tram, None the Less, as a Heavy Motor.

In the first instance consider any of the fair-sized manufacturing towns in England, and note how they are honeycombed with railways, waterways, drains, etc., which cross and recross beneath the surface of the roads, in a thousand different directions; they all constitute bridges within the meaning of the Act. Now place upon the surface of the roads a constant stream of traffic, passing to and fro, at every conceivable vari,ety of speed. What driver can possibly regulate the speed of his heavy motorcar so as not to pass over any one bridge at the same time as another heavy motor is so doing ?

How many of the bridges will the driver pass over without the slightest knowledge of their existence? Again how many bridges exist on which it is quite impossible for the driver to see from one side what is coming up on the opposite side

There are thousands of bridges across which are laid double lines of tramrails,, and these are often occupied by two or more trams at one time. And

B48 yet the heavy motorcar is penalized for passing over when the bridge is occupied by a single tram.

How Can the Driver Decide?

As this Section of the Act is one to which the local authorities pay considerable attention, it clearly requires either amending or abolishing. How is a driver of one vehicle to know what are the aggregate axle weights of a vehicle approaching from the opposite direction, and when they eventually meet in the middle of the bridge which driver has committed the offence? If our lawmakers are persuaded that the bridges in this country cannot carry more than one heavy motorcar at a tune safely, it is time to close the bridges to such traffic altogether. The country as a whole will not stand that, one is glad to know, now that motor traffic is appreciated.

Section 5 deals with bridges which for various reasons do not come under the Act.

General Summary.

To sinfunarize the Acts and Regulations for Heavy Motor Vehicles (1904-1907), it, may be said that aldthe time it was framed it was a bold attempt to legislate for a class of traffic of which little was known. There is ample evidence throughout that the Order is a rehash of the Motor Oar Act and the Locomotives on Highways Acts. The Local Government Board, who are, it is understood, considering the amending of the Act, can obtain first-class evidence from practical men which was not available in the year 1904, and it is to be hoped that such evidence will be called in, wherever the Board feel doubtful as to the practical effect of any amendment which may come under their consideration. Much of such evidence has been taken, but none should be shut out.

Difficulties GreAter Now than in 1904.

In conclusion the writer would again point out that in attempting to remould or create legislation at the present time the Local Government Board are faced with as great if not greater difficulties than was the case in 1904. In 1904 they were legislating for a new and very small section of road traffic, of which hardly any practical experience was available. To-day the Local Government Board are dealing with a very large and important branch of the country's transport facilities, a branch which at the conclusion of the war will undoubtedly undergo an immense and almost instantaneous expansion, along lines which it is quite impossible to gauge, and which are dependent upon a number of influences which can only be finally determined some time after the conclusion of the war.

Legislation for Roads Should Precede that for To take the question of the country's prosperity alone, this will largely determine the possibility or otherwise of adopting certain types of machines, more especially those of the lighter types. It will also determine the amount of money that can be expended upon the roads, which is a prime factor in deciding the limitations under which road transport can be developed, the question of taxation, etc. Indeed the most important point for legislators to consider is that the experience of the past has provided one lesson which will stand good under future conditions, whatever they may be, namely, that you must legislate for the construction of adequate roads, before you can successfully legislate for the vehicles by which they are to be used. The two aspects of the case will not hear divorce, but they should in the national interest be taken in the correct sequence.

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