Locomotives Act 1865
| Jurisdiction | UK Non-devolved |
| Citation | 1865 c. 83 |
(28 & 29 Vict.) C A P. LXXXIII.
[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 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:
1 Commencement of Act.
1. This Act shall not come into operation till the First Day ofSeptember One thousand eight hundred and sixty-five, which Day is herein-after referred to as the Commencement of the Act, and shall cease and determine on the First of September One thousand eight hundred and sixty-seven.
2 Parts of 24 & 25 Vict. c. 70. repealed.
2. After the Commencement of this Act, and so long as the same shall continue in force, the Fifth, Ninth, Eleventh, and Fifteenth Sections of the said recited Act, and all Orders made in pursuance of the said Fifth Section, are hereby repealed.
3 Rules for the Manner of working Locomotives on Turnpike Roads and Highwaysa herein stated.
3. 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.
Firstly, 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:
Secondly, 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:
Thirdly, the Drivers of such Locomotives shall give as much Space as possible for the passing of other Traffic:
Fourthly, 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:
Fifthly, 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 up his Hand as a Signal to require such Locomotive to be stopped:
Sixthly, 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 Two Justices, be liable to a Penalty not exceeding Ten Pounds; 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.
4. Subject and without Prejudice to the Regulations herein-after authorized to be made by Local Authorities, it shall not be lawful to drive...
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