THE MOTOR LAWS AS THEY EXIST
THE LIGHT LOCOMOTIVES' ACT OF 1896
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows:—
Exemption of Light Locomotives from Certain Statutory Provisions.—1.—(1.) The enactments mentioned in the schedule to this Act, and any other enactment restricting the use of locomotives on highways and contained in any public general or local and personal Act in force at the passing of this Act, shall not apply to any vehicle propelled by mechanical power if it is under three tons in weight unladen, and is not used for the purpose of drawing more than one vehicle (such vehicle with its locomotive not to exceed in weight unladen four tons), and is so constructed that no smoke or visible vapour is emitted therefrom except from any temporary or accidental cause; and vehicles so exempted, whether locomotives or drawn by locomotives, are in this Act referred to as light locomotives.
Provided that—
- (a) the council of any county or county borough shall have power to make byelaws preventing or restricting the use of such locomotives upon any bridge within their area, where such council are satisfied that such use would be attended with damage to the bridge or danger to the public:
- (b) a light locomotive shall be deemed to be a carriage within the meaning of any Act of Parliament, whether public general or local, and of any rule, regulation, or byelaw, made under any Act of Parliament, and, if used as a carriage of any particular class, shall be deemed to be a carriage of that class, and the law relating to carriages of that class shall apply accordingly.
(2.) In calculating for the purposes of this Act the weight of a vehicle unladen, the weight of any water, fuel, or accumulators, used for the purpose of propulsion, shall not be included.
Regulation as to Lights.—2. During the period between one hour after sunset and one hour before sunrise, the person in charge of a light locomotive shall carry attached thereto a lamp so constructed and placed as to exhibit a light in accordance with the regulations to be made by the Local Government Board.
Locomotives to Carry a Bell.—3. Every light locomotive shall carry a bell or other instrument capable of giving audible and sufficient warning of the approach or position of the carriage.
Rate of Speed.—4. No light locomotive shall travel along a public highway at a greater speed than fourteen miles an hour, or than any less speed that may be prescribed by regulations of the Local Government Board. Use of Petroleum, &c.—5. The keeping and use of petroleum or of any other inflammable liquid or fuel for the purpose of light locomotives shall be subject to regulations made by a Secretary of State, and regulations so made shall have effect notwithstanding anything in the Petroleum Acts, 1871 to 1881.
Local Government Board Regulations.—6.—(1.) The Local Government Board may make regulations with respect to the use of light locomotives on highways, and their construction, and the condition under which they may be used.
(2.) Regulations under this section may, if the Local Government Board deem it necessary, be of a local nature and limited in their application to a particular area, and 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.
All regulations under this section shall have full effect notwithstanding anything in any other Act, whether general or local, or any byelaws or regulations made thereunder.
Every regulation purporting to be made in pursuance of this section shall be forthwith laid before both Houses of Parliament.
Penalties.—7. A breach of any byelaw or regulation made under this Act, or of any provision of this Act, may, on summary conviction, be punished by a fine not exceeding ten pounds.
Excise Duty on Certain Locomotives.—8.—(1.) On and after the first day of January next after the passing of this Act there shall be granted, charged, and paid in Great Britain for every light locomotive, which is liable to duty either as a carriage or as a hackney carriage under section four of the Customs and Inland Revenue Act, 1888, an additional duty of excise at the following rate; namely—
| £ | s. | d. | |
| If the weight of the locomotive exceeds one ton unladen, but does not exceed two tons unladen | 2 | 2 | 0 |
| If the weight of the locomotive exceeds two tons unladen | 3 | 3 | 0 |
(2.) Every such duty shall be paid together with the duty on the licence or the locomotive as a carriage or a hackney carriage, and shall in England be dealt with in manner directed with respect to duties on local taxation licences within the meaning of the Local Government Act, 1888; and in Scotland be paid into the Local Taxation (Scotland) Account, and be dealt with as part of the residue within the meaning of section two, subsection (3), of the Local Taxation (Customs and Excise) Act, 1890.
Construction of Wheels of Locomotives on Roads.—9. The requirements of subsection (4) of section twenty-eight of the Highways and Locomotives Amendment Act, 1878, may be from time to time varied by order of the Local Government Board.
Application to Scotland.—10. In the application of this Act to Scotland a reference to the Secretary for Scotland shall be substituted for a reference to the Local Government Board, a reference to the road authority of any county or burgh for a reference to the council of a county or county borough, and a reference to sub-section (4) of section three of the Locomotives Amendment (Scotland) Act, 1878, for a reference to sub-section (4) of section twenty-eight of the Highways and Locomotives Amendment Act, 1878.
Application to Ireland.—11. In the application of this Act to Ireland a reference to the Local Government Board for Ireland shall be substituted for a reference to the Local Government Board, and a reference to the council of a county shall be construed in an urban sanitary district under the Public Health (Ireland) Act, 1878, as a reference to the urban sanitary authority, and elsewhere as a reference to the grand jury.
Short Title and Commencement.—12. This net maybe cited as the Locomotives on Highways Act, 1896, and shall come into operation on the expiration of three months from the passing thereof.
Schedule
Enactments which are not to apply to Light Locomotives
The Locomotives Act, 1861 (24 & 25 Vict. c. 70), except so much of section one as relates to tolls on locomotives, and sections seven and thirteen.
Section forty-one of the Thames Embankment Act, 1862 (25 & 26 Vict. c. 93).
The Locomotives Act, 1865 (28 & 29 Vict. c. 83).
The Locomotives Amendment (Scotland) Act, 1878 (41 & 42 Vict, c. 58).
Part II. of the Highways and Locomotives (Amendment) Act, 1878 (41 & 42 Vict. c. 77),
Section six of the Public Health (Ireland) Amendment Act, 1879 (42 & 43 Vict. c. 57).
THE EXISTING LOCAL GOVERNMENT BOARD REGULATIONS
Statutory Rules and Orders, 1896
No. 952
locomotive, england
The Light Locomotives on Highways Order, 1896. Dated November 9, 1896
5,520
To the County Councils of the several administrative Counties in England and Wales;
To the Councils of the several County Boroughs in England and Wales;
To the Sanitary Authorities of the several Sanitary Districts in the Administrative County of London;
To the Urban District Councils of the several Urban Districts in England and Wales;
To the Rural District Councils acting as the Highway Authorities in Rural Districts in England and Wales;
And to all others whom it may concern.
Whereas by section 6 of the Locomotives on Highways Act, 1896 (hereinafter called the Act), it is enacted that—
'(1.) The Local Government Board may make regulations with respect to the use of Light Locomotives on highways, and their construction, and the conditions under which they may be used.
'(2.) . . . All regulations under this section shall have full effect notwithstanding anything in any other Act, whether general or local, or any byelaws or regulations made thereunder.'
And whereas by section 7 of the Act it is enacted that—
'During the period between one hour before sunset and one hour before sunrise, the person in charge of a light locomotive shall carry attached thereto a lamp so constructed and placed as to exhibit a light in accordance with the regulations to be made by the Local Goverment Board.'
And whereas by section 2 of the Act it is enacted that—
'A breach of any . . . regulations made under this Act, . . . may on summary conviction, be punished by a fine not exceeding ten pounds.'
Now, therefore, in pursuance of the powers given to us by the Act, and by any other statutes in that behalf, we, the Local Government Board, do by this our Order make the following regulations with respect to the use of light locomotives on highways, and their construction, and the conditions under which they may be used, and direct that the same shall have effect on and after the fourteenth day of November, one thousand eight hundred and ninety-six:—
Article I.—In this Order—
Definition.—The expression 'carriage' includes a waggon, cart or other vehicle.
The expression 'horse' includes a mule or other beast of draught or burden and the expression 'cattle' includes sheep.
The expression 'light locomotive' means a vehicle propelled by mechanical power which is under three tons in weight unladen, and is not used for the purpose of drawing more than one vehicle (such vehicle with its locomotive not exceeding in weight unladen four tons), and is so constructed that no smoke or visible vapour is emitted therefrom except from any temporary or accidental cause.
In calculating for the purposes of this Order the weight of a vehicle unladen, the weight of any water, fuel, or accumulators used for the purpose of propulsion shall not be included.
Article II.—No person shall cause or permit a light locomotive to be used on any highway, or shall drive or have charge of a light locomotive, when so used, unless the conditions hereinafter shall be satisfied, namely,
Reverse.—1. The light locomotive, if it exceeds in weight unladen five hundredweight shall be capable of being so worked that it may travel either forwards or backwards.
Width.—2. The light locomotive shall not exceed six and a half feet in width, such width to be measured between its extreme projecting joints.
Tyres.—3. The tyres of each wheel of the light locomotive shall be smooth, and shall, where the same touches the ground, be flat and of the width following, namely,—
- (a) if the weight of the light locomotive unladen exceeds fifteen hundredweight, but does not exceed one ton, not less than two and a half inches;
- (b) if such weight exceeds one ton, but does not exceed two tons, not less than three inches;
- (c) if such weight exceed two tons, not less than four inches.}}
Provided that where a pneumatic tyre or other tyre of a soft and elastic material is used, the tyre may be round or curved, and there may be upon the same projections or bosses rising above the surface of the tyre if such projections or bosses are of the same material as that of the tyre itself, or of some other soft and elastic material. The width of the tyre shall, for the purpose of this proviso, mean the extreme width of the soft and elastic material on the rim of the wheel when not subject to pressure. See appendix, viz., Order of Local Government Board re wood blocks in wheels.
Brakes.—4. The light locomotive shall have two independent brakes in good working order, and of such efficiency that the application of either to such locomotive shall cause two of its wheels on the same axle to be so held that the wheels shall be effectually prevented from revolving, or shall have the same effect in stopping the light locomotives as if such wheels were so held. Provided that in the case of a bicycle this regulation shall apply as if, instead of two wheels on the same axle, one wheel was therein referred to.
Control.—5. The light locomotive shall be so constructed as to admit of its being at all times under such control as not to cause undue interference with passenger or other traffic on any highway.
Address and Weight to be Painted on Goods Vehicles.—6. In the case of a light locomotive drawing or constructed to draw another vehicle or constructed or used for the carriage of goods, the name of the owner and the place of his abode or business, and in every such case and in the case of every light locomotive weighing unladen one ton and a half or upwards, the weight of the light locomotive unladen shall be painted in one or more straight lines upon some conspicuous part of the right or off side of the light locomotive in large legible letters in white upon black or black upon white, not less than one inch in height.
Not to be in a Dangerous Condition.—7. The light locomotive and all fittings thereof shall be in such a condition as not to cause, or to be likely to cause, danger to any person on the light locomotive or on any highway.
Competent Person in Charge.—8. There shall be in charge of the light locomotive when used on any highway a person competent to control and direct its use and movement.
Lamps.—9. The lamp to be carried attached to the light locomotive in pursuance of Section 2 of the Act shall be so constructed and placed as to exhibit, during the period between one hour after sunset and one hour before sunrise, a white light visible within a reasonable distance in the direction towards which the light locomotive is proceeding or is intended to proceed, and to exhibit a red light so visible in the reverse direction. The lamp shall be placed on the extreme right or off side of the light locomotive in such a position as to be free from all obstruction to the light.
Provided that this regulation shall not extend to any bicycle, tricycle, or other machine to which Section 85 of the Local Government Act, 1888, applies.
Article III.—No person shall cause or permit a light locomotive to be used on any highway for the purpose of drawing any vehicle, or shall drive or have charge of a light locomotive when used for such purpose unless the conditions hereinafter set forth shall be satisfied, namely,—
1. Regulations 2, 3, 5, and 7 of Article II. of this Order shall apply as if the vehicle drawn by the light locomotive was therein referred to instead of the light locomotive itself, and Regulation 6 of the Article shall apply as if such vehicle was a light locomotive constructed for the carriage of goods.
Brakes on Trailers.—2. The vehicle drawn by the light locomotive, except where the light locomotive travels at a rate not exceeding four miles an hour, shall have a brake, in good working order, of such efficiency that its application to the vehicle shall cause two of the wheels of the vehicle on the same axle to be so held that the wheels shall be effectually prevented from revolving, or shall have the same effect in stopping the vehicle as if such wheels were so held.
Application of Brakes on Trailers.—3. The vehicle drawn by the light locomotive shall, when under the last preceding regulation a brake is required to be attached thereto, carry upon the vehicle a person competent to apply efficiently the brake: Provided that it shall not be necessary to comply with this regulation if the brakes upon the light locomotive by which the vehicle is drawn are so constructed and arranged that neither of such brakes can be used without bringing into action simultaneously the brake attached to the vehicle drawn, or if the brake of the vehicle drawn can be applied from the light locomotive independently of the brakes of the latter.
Article IV.—Every person driving or in charge of a light locomotive when used on any highway shall comply with the regulations hereinafter set forth, namely,—
Speed, Reasonable and Proper.—(1.) He shall not drive the light locomotive at any speed greater than is reasonable and proper, having regard to the traffic on the highway, or so as to endanger the life or limb of any person, or to the common danger of passengers.
Speed Limits.—(2.) He shall not under any circumstances drive the light locomotive at a greater speed than twelve miles an hour. If the weight unladen of the light locomotive is one ton and a half and does not exceed two tons, he shall not drive the same at a greater speed than eight miles an hour, or if such weight exceeds two tons, at a greater speed than five miles an hour.
Provided that whatever may be the weight of the light locomotive, if it is used on any highway to draw any vehicle, he shall not under any circumstances drive it at a greater speed than six miles an hour.
Provided also that this regulation shall only have effect during six months from the date of this Order, and thereafter until we otherwise direct.
Travelling Backwards.—(3.) He shall not cause the light locomotive to travel backwards for a greater distance or time than may be requisite for purposes of safety.
(4.) He shall not negligently or wilfully cause any hurt or damage to any person, carriage, horse, or cattle, or to any goods conveyed in any carriage, on any highway, or, when on the light locomotive, be in such a position that he cannot have control over the same, or quit the light locomotive without having taken due precautions against it being started in his absence, or allow the light locomotive or a vehicle drawn thereby to stand on such highway so as to cause any unnecessary obstruction thereof.
(5.) He shall when meeting any carriage, horse, or cattle keep the light locomotive on the left or near side of the road, and when passing any carriage, horse, or cattle proceeding in the same direction keep the light locomotive on the right or off side of the same.
(6.) He shall not negligently or wilfully prevent, hinder, or interrupt the free passage of any person, carriage, horse, or cattle on the highway, and shall keep the light locomotive and any vehicle drawn thereby on the left or near side of the road for the purpose of allowing such passage.
(7.) He shall, whenever necessary, by sounding the bell or other instrument required by Section 3 of the Act, give audible and sufficient warning of the approach or position of the light locomotive.
(8.) He shall on the request of any police constable, or of any person having charge of a restive horse, or on any such constable or person putting up his hand as a signal for that purpose, cause the light locomotive to stop and to remain stationary so long as may be reasonably necessary.
Article V.—If the light locomotive is one to which Regulation (6) of Article II. applies, and the particulars required by that regulation are not duly painted thereon, or if the light locomotive is one to which that regulation does not apply, the person driving or in charge thereof shall, on the request of any constable, or on the reasonable request of any other person, truly state his name and place of abode, and the name of the owner, and the place of his abode or business.
This Order may be cited as 'The Light Locomotives on Highways Order, 1896.'
- Given under the seal of office of the Local Government Board, this ninth day of November, in the year one thousand eight hundred and ninety-six.
- (L.S.)
Henry Chaplin,
President
- Hugh Owen,
- Secretary.
The Regulations affecting Petroleum Spirit
It may be useful to note that the spirit ·680 specific gravity distilled from petroleum is called by Messrs. Carless, Capel and Leonard 'Petrol'; by the Anglo-American Oil Company, 'Pratt's Motor Spirit'; and by the Bowring Petroleum Co. Ltd., 'Motor Spirit.'
On account of its highly inflammable nature the railway companies have classed petroleum spirit under the third class in the general classification of railway rates. If less than one ton gross (equal 240 gallons) is sent in one consignment, in order to secure its being charged at the third-class rate, it must be packed in separate cans enclosed in cases, and the minimum charge for its carriage is 5s. For that amount there can be sent, however:—
14 cases=84 gallons. (If the rate does not exceed) 10s. per ton
7 cases " 42 gallons. (If the rate does not exceed)" 20s. per ton"
4 cases " 24 gallons. (If the rate does not exceed)" 30s. per ton"
3 cases " 18 gallons. (If the rate does not exceed)" 40s. per ton"
and so on, according to the rate and quantity sent.
To put this in another way, for the minimum charge of 5s. there can be sent approximately, ten cases or sixty gallons, to any place within about twenty-five miles from London, thus the cost of carriage to such places will be about a penny a gallon.
To places about fifty miles from London there can be sent about seven cases at a cost of three-halfpence a gallon.
In the same way the cost of sending to places about one hundred miles from London will be about twopence-halfpenny a gallon, and so on, according to distance.
There is, as a rule, a saving of about one-third in the relative cost of carriage if as much as a ton (equal 240 gallons) can be forwarded at one time.
This is because the regulations allow that quantity to be sent in drums not enclosed in cases, and consequently the dead weight of the packages is much less in proportion to the quantity of spirit sent. There is no economy, however, in ordering a large quantity at a time unless the petrol can be stored in a suitable place.
The following regulations were issued by the Home Office on the 26th of April, 1900:
Locomotives on Highways Act, 1896
(59 & 60 Vict., c. 36, s. 5)
In promulgating the following regulations relating to the keeping, conveyance, and use of petroleum in connection with light locomotives, the Secretary of State for the Home Department desires to direct public attention to the dangers that may arise from the careless use of the more volatile descriptions of petroleum commonly known as petroleum spirit.
Not only is the vapour therefrom, which is given off at ordinary temperatures, capable of being easily ignited, but it is also capable, when mixed with air, of forming an explosive atmosphere. It is, therefore, necessary, in dealing with and handling the spirit, to take strict precautions by the employment of thoroughly sound and properly closed vessels, and by avoiding the use of naked lights in dangerous proximity, to prevent leakage of the spirit and the contact of any form of artificial light with the highly inflammable vapour which it is always evolving.
By virtue of the powers conferred on me by the fifth section of the Locomotives on Highways Act, 1896, I hereby make the following regulations for the keeping and use of petroleum for the purposes of light locomotives.
Save as herein provided, the provisions of the Petroleum Acts shall apply to all petroleum kept or used or sold for the purposes of light locomotives.
In these regulations the expression 'petroleum spirit' shall mean the petroleum to which the Petroleum Act, 1871, applies, provided that when any petroleum other than that to which the Petroleum Act, 1871, applies, is on or in any light locomotive or is being conveyed or kept in any place on or in which there is also present any petroleum spirit as above defined, the whole of such petroleum shall be deemed to be petroleum spirit.
In these regulations the expression 'storehouse' shall mean any room, building, coach-house, lean-to, or other place in which petroleum spirit for the purposes of light locomotives is kept in pursuance of these Regulations.
1. These regulations shall apply only to petroleum spirit which is kept for the purpose of or is being used on light locomotives, and shall not apply to petroleum spirit which is kept for sale, or partly for sale and partly for the purposes of light locomotives.
2. Petroleum spirit shall not be kept, used, or conveyed except in metal vessels so substantially constructed as not to be liable, except under circumstances of gross negligence or extraordinary accident, to be broken or become defective or insecure. Every such vessel shall be so constructed and maintained that no leakage, whether of liquid or vapour, can take place therefrom.
3. Every such vessel, not forming part of a light locomotive, when used for conveying or keeping petroleum spirit shall bear the words 'Petroleum spirit—highly inflammable' legibly and indelibly stamped or marked thereon, or on a metallic or enamelled label attached thereto, and shall be of a capacity not exceeding two gallons.
4. Before repairs are done to any such vessel, that vessel shall, as far as practicable, be cleaned by the removal of all petroleum spirit and of all dangerous vapours derived from the same.
5. Where a storehouse forms part of, or is attached to, another building, and where the intervening floor or partition is of an unsubstantial or highly inflammable character, or has an opening therein, the whole of such building shall be deemed to be the storehouse, and no portion of such storehouse shall be used as a dwelling or as a place where persons assemble. A storehouse shall have a separate entrance from the open air distinct from that of any dwelling or building in which persons assemble.
6. Every storehouse shall be thoroughly ventilated.
7. The amount of petroleum spirit to be kept in any one storehouse, whether or not upon light locomotives, shall not exceed sixty gallons at any one time.
8. Where two or more storehouses are in the same occupation and are situated within 20 feet of one another, they shall for the purposes of these regulations be assumed to be one and the same storehouse, and the maximum amount of petroleum spirit prescribed in the foregoing regulation shall be the maximum to be kept in all such storehouses taken together. Where two or more storehouses in the same occupation are distant more than 20 feet from one another the maximum amount shall apply to each storehouse.
9. Any person who keeps petroleum spirit in a storehouse which is situated within 20 feet of any other building whether or not in his occupation, or of any timber stack or other inflammable goods not owned by him, shall give notice to the local authority under the Petroleum Acts for the district in which he is keeping such petroleum spirit, that he is so keeping petroleum spirit, and shall renew such notice in the month of January in each year during the continuance of such keeping, and shall permit any duly authorised officer of the local authority to inspect such petroleum spirit at any reasonable time. This regulation shall not apply to petroleum spirit kept under licence, nor to petroleum spirit kept in a tank forming part of a light locomotive.
10. The filling or replenishing of a vessel with petroleum spirit shall not be carried on, nor shall the contents of any such vessel be exposed in the presence of fire or artificial light except a light of such construction, position, or character, as not to be liable to ignite any inflammable vapour arising from such spirit, and no artificial light shall be brought within dangerous proximity of the place where any vessel containing petroleum spirit is being kept.
11. In the case of all petroleum spirit kept or conveyed for the purpose of or in connection with any light locomotive, (a) all due precautions shall lie taken for the prevention of accidents by fire or explosion, and for the prevention of unauthorised persons having access to any petroleum spirit kept or conveyed, and to the vessels containing or intended to contain, or having actually contained the same; and (b) every person managing or employed on or in connection with any light locomotive shall abstain from every act whatever which tends to cause fire or explosion, and which is not reasonably necessary, and shall prevent any other person from committing such act.
12. These regulations shall come into operation on the 15th day of May, 1900, from which date the regulations dated 3rd November, 1896, are hereby repealed.
One of Her Majesty's Principal Secretaries of State.
Whitehall, S.W., 26th April, 1900.
If any one desires to keep in store more than sixty gallons of petroleum spirit (petrol), it is necessary, unless separate storehouses are provided (see Clause 8), to take out a licence, which may be granted by the local authority under the provisions of the Petroleum Acts. If a suitable storage place is provided, the local authority will readily issue licences for any reasonable quantity on payment of a fee of 5s. annually.