Locomotives Act 1898

6 Restriction of locomotive traffic by byelaw.

(1) The council of a county and of any borough containing, according to the census of one thousand eight hundred and eighty-one, a population of ten thousand or upwards, may by byelaw—

(a) prohibit or restrict the use of locomotives on any specified highway in their county or borough on account of the highway being crowded or unfitted for locomotive traffic, or of the inconvenience caused to inhabitants, or of any other reasonable cause; and

(b) regulate the use of locomotives and of waggons drawn by locomotives on any highway ; and

(c) prohibit or restrict the use of a locomotive on any specified bridge in their county or borough, if they are satisfied that such bridge is unsuited for locomotive traffic, or that such use would be attended with damage to the bridge or danger to the public.

Provided that the council of any such county or borough may, where their byelaw prohibits the use of locomotives on any highway, give special authority for the use of a locomotive on the highway, if in any case it appears necessary for the purpose of the delivery of goods or for any other particular purpose. Provided also that the council of any such county or borough shall not give any such special authority for the use of a locomotive on any bridge except with consent of the person liable to the repair of such bridge, and the council of any such county or borough may with such consent give such special authority subject to payment being made by the person applying for such special authority to the person liable to the repair of such bridge of the cost of temporarily strengthening such bridge on each occasion of such use.

(2) If any person in charge of a locomotive acts in contravention of any byelaw under this section, and without any such special authority, he shall be liable for each offence on summary conviction, to a fine not exceeding five pounds.

(3) Any byelaw made under this section shall be subject to confirmation by the Local Government Board, and sections one hundred and eighty-four, one hundred and eighty-five, and one hundred and eighty-six of the [38 & 39 Vict. c. 55.] Public Health Act, 1875 (which relate to the confirmation, printing, and evidence of byelaws), shall accordingly apply to any byelaws under this section as they apply to byelaws made by a local authority under that Act. Provided that, in addition to the notice of intention to apply for confirmation of any byelaw which is required by section one hundred and eighty-four of the said Act, notice of such intention shall in the case of any byelaw made under this section be given in the London Gazette one month at least before making the application.

(4) The Local Government Board in connexion with the confirmation of any byelaw under this section shall have all proper regard to the necessities of through locomotive traffic, and of persons who own or use locomotives, and shall, consider any representations made to them by any local authority concerned, and shall also have regard to the advantage of byelaws being uniform in adjoining areas except where uniformity is, in their opinion, made inexpedient by difference in the circumstances of the areas.

(5) The mayor, aldermen, and commons of the city of London may make byelaws under this section as to the city of London in the same manner as the council of a borough.

(6) For the purpose of byelaws under this section, a borough, the council of which may make such byelaws, shall not form part of the administrative county in which it is situate.