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The Locomotive Act, 1865

 
The Locomotive Act, 1865

 

An Act for further regulating the Use of Locomotives on Turnpike and other Roads for Agricultural and other purposes.

[5th July, 1865]

 

Whereas by the Locomotives Act, 1861, certain provision was made for regulating the use of locomotives on turnpike and other roads, and it is expedient that further and fuller provision should be made for that object; be it therefore enacted, &c.

 

1              Commencement of Act.

This Act shall not come into operation till the 1st September, 1865, which day is hereinafter referred to as the commencement of the Act, and shall cease and determine on the 1st September, 1867.

 

2              Certain Sections of 24 & 25 Vict. C. 70 repealed.

After the commencement of this Act, and so long as the same shall continue in force, the 5th, 9th, 11th, and 15th sections of the said recited Act, and all orders made in pursuance of the said 5th section, are hereby repealed.

 

3              Rules for the manner of working locomotives on turnpike roads and turnpikes herein stated.

Every locomotive propelled by steam or any other than animal power on any turnpike road or public highway shall be worked according to the following rules and regulations, viz.:–

(1)    At least three persons shall be employed to drive or conduct such locomotive, and if more than two waggons or carriages be attached, thereto, an additional person shall be employed, who shall take charge of such waggons or carriages.

(2)    One of such persons, while any locomotive is in motion, shall precede such locomotive on foot by not less than sixty yards, and shall carry a red flag constantly displayed, and shall warn the riders and drivers of horses of the approach of such locomotives, and shall signal the driver thereof when it shall be necessary to stop, and shall assist horses, and carriages drawn by horses, passing the same.

(3)    The drivers of such locomotives shall give as much space as possible for the passing of other traffic.

(4)    The whistle of such locomotive shall not be sounded for any purpose whatever; nor shall the cylinder taps be opened within sight of any person riding, driving, leading or in charge of a horse upon the road; nor shall the steam be allowed to attain a pressure such as to exceed the limit fixed by the safety valve, so that no steam shall blow off when the locomotive is upon the road.

(5)    Every such locomotive shall be instantly stopped, on the person preceding the same, or any other person with a horse, or carriage drawn by a horse, putting his hand as a signal to require such locomotive to be stopped.

(6)    Any person in charge of any such locomotive shall provide two efficient lights to be affixed conspicuously, one at each side on the front of the same, between the hours of one hour after sunset and one hour before sunrise.

In the event of a non-compliance with any of the provisions of this section, the owner of the locomotive shall, on summary conviction thereof before to justices, be liable to pay a penalty not exceeding £10; but it shall be lawful for such owner, on proving that he has incurred such penalty by reason of the negligence or wilful default of any person in charge of or in attendance on such locomotive, to recover summarily from such person the whole or any part of the penalty he may have incurred as owner.

 

4              Limit of speed of locomotives on turnpike roads and highways.

Subject and without prejudice to the regulations hereinafter authorised to be made by local authorities, it shall not be lawful to drive any such locomotive along any turnpike road or public highway at a greater speed than four miles an hour, or through any city, town, or village at a greater speed than two miles an hour; and any person acting contrary thereto shall for every such offence, on summary conviction thereof, forfeit any sum not exceeding £10.

 

5              Size and weight of locomotives which may be used.

Subject to the provisions of this act, any locomotive which shall not exceed nine feet in width or fourteen tons in weight may be used on any turnpike road or public highway, provided that the wheels of such locomotive be constructed according to the requirements of the said recited act; and no locomotive exceeding nine feet in width or fourteen tons in weight shall be used on any such road, except subject to the provisions contained in the 3rd section of the said act as to the use of locomotives exceeding seven feet in width and twelve tons in weight.

 

6              Restrictions as to the use of steam-engines within twenty-five yards of roads not to apply to locomotives used for ploughing purposes.

Any provision in any act contained prohibiting, under penalty, the erection and use of any steam-engine, gin, or other like machine, or any machinery attached thereto, within the distance of twenty-five yards of any part of any turnpike road, highway, carriageway, or cartway, unless such steam-engine, gin or other like engine or machinery be within some house or other building, or behind some wall, fence, or screen sufficient to conceal or screen the same from such turnpike road, highway, carriageway, or cartway, shall not extend to prohibit the use of any locomotive steam-engine for the purpose of ploughing within such distance of any such turnpike road, highway, carriageway, or cartway, provided a person shall be stationed in the road, and employed to signal the driver when it shall be necessary to stop, and to assist horses, and carriages drawn by horses, passing the same, and provided the driver of the engine do stop in proper time.

 

7              Name and residence of owner to be affixed to locomotives.

The name and residence of the owner of every locomotive shall be affixed thereto in a conspicuous manner. If it is not so affixed the owner shall, on summary conviction, be liable to a penalty not exceeding £2.

 

8              Power to local authorities to make orders as to hours, &c. locomotives may pass through cities, &c. Penalty on acting contrary to such orders.

The following local authorities (that is to say),

(1)    In the city of London and liberties thereof, the court of the lord mayor and aldermen;

(2)    In the metropolis, as defined by the act of the session of the 18 & 19 Vict. c. 120 (except the city of London), the Metropolitan Board of Works;

(3)    In any borough in England the population of which shall have exceeded 5000 at the last census, the council of the borough;

(4)    In any borough or town in England the population of which shall have exceeded 5000 at the last census, not within the jurisdiction of a council, but within the jurisdiction of any trustees or improvement commissioners appointed under any public or private act of Parliament, the trustees or commissioners;

(5)    In any borough or town in Scotland the population of which shall have exceeded 10,000 at the last census, within the jurisdiction of a town council, the town council, and in any such town in Scotland not within the jurisdiction of a town council, but subject to the jurisdiction of police commissioners, or trustees exercising under any public or private act of Parliament the functions of police commissioners, the police commissioners, or, where there are no police commissioners, then the trustees,–

may make orders as to the hours during which (and as to the speed, not in any case to exceed two miles an hour, at which) locomotives are to pass through the city or place subject to their respective jurisdictions; and any person in charge of a locomotive acting to the contrary of such regulations shall, on summary conviction, be liable to a penalty not exceeding £10.

 

Every order made in pursuance of this section shall be reduced into writing, and shall have affixed thereto the common seal of the local authority, where they have a common seal, and shall be signed by the members of the local authority, or any two of them, where they have not a common seal.

 

A copy of such order shall be affixed to some public place within the jurisdiction of the local authority, and advertised in some newspaper circulating within the jurisdiction of the local authority, and the production of a newspaper containing such advertisement shall give evidence of the copy having been advertised in pursuance of this act.

 

9              In Ireland the county surveyor to be deemed the conservator of the roads in his county, and proceedings for damage to be taken in his name.

For the purposes of this act, the county surveyor of each county in Ireland shall be deemed to be the conservator of all roads in the county of which he is surveyor, made or repaired by grand jury presentment; and it shall not be lawful to use any locomotive, other than those specially authorised by this act, on any such road in any county in Ireland, without the consent in writing of the county surveyor thereof, approved by one or more justices sitting at petty sessions; and al compensation for damage done by any locomotive to an bridge, gullet, or arch, or any of the walls, buttresses, or supports thereof, on any such road in any county in Ireland, shall be recoverable in the name of the county surveyor thereof, for and on behalf of the county, from the party liable to pay the same; such compensation, if not exceeding £10, to be recovered in a summary way by summons at petty sessions, and if over £10, to be recovered by process in the civil bill court.

 

10           How penalties to be recovered and applied in Ireland.

Every penalty imposed by the provisions of this act shall, in Ireland, be recoverable before a justice or justices of the peace in petty sessions, subject and according to the provisions of the Petty Sessions (Ireland) Act, 1851, and any act amending the same, and shall be applied according to the provisions of the Fines (Ireland) Act, 1851, and any act amending the same.

 

11           Sect. 41 of the 25 & 26 Vict. C. 93, not to be affected.

Nothing in this act contained shall repeal, alter or in any way affect the provisions of the 41st section of the Thames Embankment Act, 1862.

 

12           Saving as to actions at law.

Nothing in this act contained shall authorise any person to use a locomotive which may be so constructed or used as to be a public nuisance at common law, and nothing herein contained shall affect the right of any person to recover damages in respect of any injury he may have sustain in consequence of the use of a locomotive.

 

13           Short title.

This act may be cited as “The Locomotive Act, 1865;” and “The Locomotive Act, 1861,” and this act, shall be construed together as one act.

 

 

 

© Crown copyright. Used under the terms of the Open Government Licence v1.0.
This legislation was published in The Jurist. New Series Vol. XI.-Part II. pp32-3 of supplement The Statutes Passed in the Session 1865-28 & 29 Victoria. H. Sweet, London. Stevens & Sons, London. Hodges, Smith, & Co., Dublin. 1866. Available from http://www.archive.org/details/jurist09britgoog (accessed 10/03/2012).
 
 
 
 

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