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SY LES OLDRIDGE, AM/MI.
1835 Highway Act still good law
ALTHOUGH one is inclined to think of traffic laws as belonging to this century and the internal combustion engine, there must have been a traffic problem in 1835 as it was in that year that a Highway Act was passed. This Act is still good law, as Section 256 of the Road Traffic Act 1960 expressly provides that a motor vehicle or trailer shall be deemed to be a carriage within the meaning of any Act of Parliament or any rule, regulation or bylaw made under any Act of Parliament. The newer laws are used, of course, in the majority of prosecutions for traffic offences, but occasionally for one reason or another the old law is relied upon.
Naturally most of the 1835 Act deals with cattle, carts and carriages, Section 78 (iv), for example, makes it an offence to leave a cart or carriage on the highway so as to obstruct the passage thereof and for any person in any manner to prevent any other person passing him or any horses or cattle or carriage under his care on the highway. The same section creates the offence of dangerous driving and riding, i.e. any person riding or driving any sort of carriage to do so furiously so as to endanger life or limb of any person on the highway, The Offences Against the Persons Act 1861 reads "Whosoever having the charge of a carriage or vehicle, shall, by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever shall be liable, at the discretion of the court, to be imprisoned for a term not exceeding two years," The custom of keeping to the left-hand side of the road dates back from time immemorial but the Highway Act 1835 made it an offence not to keep a vehicle to the left when necessary to make way for an approaching or overtaking vehicle.
Finally, in this peep into the past, it is apparent that although there was no breath rest the drunken driver was a problem for Section 12 of the Licensing Act 1872 makes it an offence for any person to be drunk while in charge of any carriage, horse or cattle and there is a maximum penalty of a £10 fine or three months' imprisonment or both for any, person found guilty,