The Times
1st January 1904.
The Locomotives on Highways Act, 1896, defines a "light
locomotive" as:-
"Any vehicle propelled by mechanical power if it us 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."
The Motor-Car Act [U.K.], which comes into operation to-day,
and is limited to expire on December 31, 1906, gives to "motor-car"
the same meaning as that of "fight locomotive" in the
above enactment, except that (1) for the purpose of new registration
provisions "motor-car" is not to include a vehicle drawn
by a motor-car, and (2) the weights mentioned therein may be increased
as respects any class of vehicle by Local Government Board regulations.
The reckless, negligent, or too rapid driving (at what-ever speed)
on a public highway or roadway to which the public are granted
access is an offence under the Act, and any police-constable may
apprehend without warrant a driver who has offended within his
view if he refuses to give his name and address or produce the
licence required by the Act, or if the car cannot be identified
under the Act. Every car must be registered with the council of
a county or county borough with a separate number and mark indicating
it fixed on the car or vehicle drawn by it or both, and on payment
of a fee of 5s. each for motor-cycles and 20s. each for other
cars. Manufacturers and dealers may obtain general identification
marks for use on trial. As to licenses, it is enacted that:-
"A person shall not drive a motor-car on a public highway
(or roadway to which the public are granted access) unless he
is licensed for that purpose, and a person shall not employ any
person who is not so licensed to drive a motor-car.
"The council of a county or county borough shall grant a
license to drive a motor-car to any person applying for it who
resides in that county or county borough on payment of a fee of
5s. unless the applicant is disqualified under the provisions
of this Act."
The only absolute disqualifications are - (1) being under 17
years of age, for driving motor cycles only, of 14 years or under;
and (2) already holding a licence still in force. But a person
convicted of an offence under the Act or of any offence in connection
with the driving of a motor-car (other than a first or second
offence consisting solely of exceeding any limit of speed fixed
under the Act) may be declared to be disqualified by the Court
before whom (sic) he is convicted for a period limited only by
the discretion of that Court. The fine for any offence under the
Act may be up to £20, or in the case of a second or subsequent
conviction up to £50, with the alternative of imprisonment
up to three months, but there will be an appeal to quarter sessions
against (1) imprisonment, (2) any fine above 20s., and (3) any
order of disqualification.
The enforcement of the maximum speed of 14 miles an
hour under the Act of 1896 (as reduced by Local Government Board
regulations under that Act to 12 miles an hour) is replaced by
the enactment that:-
"A person shall not, under any circumstances, drive a motor
car on a public highway or roadway to which the public are granted
access at a speed exceeding 20 miles an hour, and within any limits
or place referred to in regulations made by the Local Government
Board with a view to the safety of the public, on the application
of the local authority of the area in which the limits or place
are situate, a person shall not drive a motor-car at a speed exceeding
10 miles an hour."
Contravention of this enactment is punishable by a fine up to
£10 for a first offence, £20 for a second, and £50
for any subsequent offnce; but there can be no conviction merely
on the opinion of one witness, nor unless the offender was warned
of an intended prosecution at the time of the offence, or unless
notice of it was sent to him or to the registered owner of the
car within reasonable time after the commission of it. The Local
Government Board may also prohibit or restrict the driving of
any motor-car on any highway which does not exceed 16 feet in
width "or on which ordinary motor-car traffic woud be in
their opinion to be especially dangerous." Local authorities
are to give public notice of any such prohibitions or restrictions
or limitations of speed, and also, subject to regulation as to
size and colour to be made by the Board, to set up sign-posts
denoting dangerous corners, cross-roads and precipitous places.
In case of accident to any person or to a horse or vehicle in
charge of any person owing to the presence of a motor-car on a
road, the driver is directed to stop and give his and the owner's
name, if required, on pain of a fine up to £10 for a first
offence, £20 for a second, and £20 or imprisonment
up to one month for any subsequent offence. All common law and
statutory liabilities of owners are expressly left unaffected
- a very extensive saving, in view of the wide civil liability
for negligence and of the direction of the Act of 1896 that a
motor-car, or "light locomotive" as it is there called,
is to be deemed a "carriage" within the meaning of any
Act whatever - and both the Act of 1896 and the new Act are declared
to apply to persons in the public service of the Crown.