(1)The council of a municipal borough as regards any highway situated in the borough, and the county council as regards any highway situated in their county bat not in a borough, may permit any waggons drawn or propelled by a locomotive on the highway to carry weights in excess of those mentioned in section four of the [24 & 25 Vict. c. 70.] Locomotive Act, 1861.
(2)If any person without such permission uses any waggon drawn or propelled by a locomotive on any highway to carry weights in excess of those mentioned in section four of the Locomotive Act, 1861, as amended by this Act, or, being the owner of the waggon, permits it so to be used, that person shall be liable for each offence, on summary conviction, to a fine not exceeding ten pounds.
(3)The proviso to section four of the Locomotive Act, 1861, is hereby repealed, and in lieu thereof it is enacted as follows :—
Provided that the regulation of weight herein mentioned shall not extend to any waggon carrying only one block, plate, cable, roll, vessel of stone or metal, or other single article, being of greater weight than sixteen tons, but the fellies, tires, or shoes-of such waggon shall not be less than eight inches in breadth, and any damage arising from the user of any such waggon shall be deemed to be damage caused by excessive weight within the meaning of section twenty-three of the [41 & 42 Vict. c. 77.] Highways and Locomotives Amendment Act, 1878, as amended by this Act.