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Law Dictionary Home Dictionary Definition locomotives-i

Locomotives. I. On Highways.--Locomotives on highways are of two classes: (a) Light Locomotives; (b) Heavy Locomotives. (a) Formerly the expression light locomotive and motor car meant the same apart from certain provisions as to registration. As to motor cars, see MOTOR CAR. Now light locomotives as defined by the (English) Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43), are mechanically propelled vehicles which are not constructed themselves to carry any load (other than water, fuel, equipment, tools, etc.), and the weight of which unladen does not exceed 11-1/2 tons, but does exceed 7-1/4 tons. Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43). A person under 21 shall not drive a light locomotive (s. 9), two persons must be employed in driving or attending, and if driving a trailer one or more in addition (s. 17). The period of continuous driving by any one person is limited by (s. 19) to 5-1/2 hours amounting to not more than 11 in the aggregate in 24 hours, and the driver is to have at least 10 hours, rest in the 24 hours. Road Traffic Act, 1930 (ss. 9, 17, 19). The Motor Vehicles (Construction and Use) Regulations, 1931 (S.R. & O. 1931, No. 4), deal with the construction regulations. As light locomotives are one of the classes of motor vehicles, all regulations, e.g., licensing, rate of speed, offences, duty as regards cases of accident, which refer to motor vehicles apply, so far as are applicable to light locomotives; see, generally, the Road Traffic Acts, 1930, 1931, 1934, etc. See Stone's Justices' Manual, and consult, generally, Mahaffy and Dodson's Law Relating to Motor Cars, and Pratt and Mackenzie's Law of Highways. (b) Heavy Locomotives are one of the class of motor vehicles as defined by (English) Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43); mechanically propelled vehicles which are not constructed themselves to carry any load (other than the following Articles: water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment), and the weight of which unladen exceeds 11-1/2 tons. A person under 21 may not drive (s. 9); as to rate of speed (Schedule I.) and regarding construction, overall width, etc., see Motor Vehicles Construction and Use) Regulations (S.R. & O. 1931, No. 4), Articles 31-38). Heavy vehicles, being one of the classes of motor vehicles, all regulations, e.g., licensing, rate of speed, offences, and duty regarding accidents, which refer to motor vehicles, apply so far as are applicable to heavy locomotives. See, generally, the Road Traffic Acts, 1930, 1931, 1934, etc. See Stone's Justices;' Manual, and consult, generally, Pratt and Mackenzie's Law of Highways. II. Railway Engines.--Locomotive engines on railways are regulated by ss. 114-116 of the (English) Railways Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 20), s. 114, as amended by s. 19 of the Regulation of Railways Act, 1868, directing their construction on the principle of consuming their own smoke and inflicting a penalty on it appearing that they were so constructed but failed to consume by reason of default of the company owing them or its servants. As to fire caused by sparks from a locomotive, see (English) Railway Fires Act, 1905 (5 Edw. 7, c. 11), Martin v. G.E. Ry. Co., (1912) 2 KB 406. See, further, RAILWAY.

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