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Proposed New Regulations for Traction Engines in London.

30th November 1905
Page 12
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Page 12, 30th November 1905 — Proposed New Regulations for Traction Engines in London.
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Which of the following most accurately describes the problem?

The public control cotrituittee of the London COLIlity Council issued the following report on Monday last

n—For several years past the Council has had under consideration complaints of the nuisance caused by the passage of heavy locomotives through the streets of London. Under the provisions of section 6 (1) of the Locomotives, Act, 1898, the Council may, by by-law, (a) prohibit or restrict the use of locomotives on any specified highway in the county 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 ; (bt regulate the use of locomotives and of wagons drawn by locomotives on any highway; and (c) prohibit or restrict the use of a locomotive on any specified bridge in the county, should the Council be satisfied that such bridge is unsuited for locomotive traffic, or that such use would he attended with damage to the bridge or danger to the public. By-laws made by the Council Iffider the Act would apply to the County of London, exclusive, however, of the City of London, in respect of which the City Corporation is the authority under the. Act On the recommendation of the Highways Committee the Council on 21st November, r899, made certain by-laws under the Act, but these did not deal with the questions of prohibition or restriction of the use of locomotives. The necessary notices were issued, and sealed copies of the by-laws were submitted to the Local Government Board ; but, in consequence of objections having been lodged with that Board by various persons interested, the by-laws were the subject of prolonged correspondence between the Council and the Board, and were never formally approved by the Board. On 'nth May, 1904, we submitted revised draft by-laws, including schedules of (a) highways whereon the use of locomotives would be restricted to the hours between 9 p.m. and 8 a.m. on account of such highways being crowded; (b) highways whereon the use of locomotives would be restricted to the hours between 7 a.m. and so p.m. on account of inconvenience caused to inhabitants ; (c) highways to be used without restriction; V} bridges whereon the use of locomotives would be prohibited, and (e) bridges whereon the use of locomotives would be restricted. The draft by-laws prohibited entirely the use of locomotives in streets not scheduled. Objections were, however, raised on the one hand that the by-laws did not sufficiently protect the public, and on the other that they imposed too great restrictions on the use of locomotives within the county, and our proposals were consequently referred back for further consideration. As it was evident that very divergent views were held as to the extent to which the use of heavy locomotives should be regulated, a conference on the subject was held between representatives of the Council and of the several London authorities. At this conference the by-laws were approved in principle, and the undermentioned resolutions among oth&s were passed- O..; That in order to facilitate the use of the roads by locomotive traffic, it is necessary to remove as far as possible the inconvenience to the public which at present arises front such traffic, and that with a view to attaining that object the London County Council be urged to take immediate steps— o) To make it obligatory upon the owners of all heavy locomotives in the County of London to construct and equip such locomotives and the trailers used in connection therewith so as to reduce noise and vibration as much as possible. (b) To ensure that other traffic in the roads shall not be unnecessarily interfered with, and that residential neighbourhoods shall not be disturbed at night.

(U.; That, in the opinion of this conference, it is de sirable that the London County Council should obtain further powers so as to enable regulations to be made restricting the size and weight of locomotives and of trailers and of the weights carried by the latter.

The conference also expressed the opinion that it was desirable that by-laws should be made by the Council, after consultation with the metropolitan borough councils, prohibiting the use of locomotives altogether in certain streets, and restricting their use in other streets during the day and night time. Having very carefully reconsidered the question, we have aerived at the conclusion that notwithstanding the opinion expressed at the conference any proposals for the prohibition or restriction of heavy locomotive traffic on specified highways, would provoke great opposition, and therefore we do not feel prepared again to recommend their adoption. 1\1111 regard LC the necessity of making by-laws prohibiting or restricting heavy locomotive traffic on certain bridges, we would point out that under the provisions of section 6 of the Locomotive Act of 186r it is not lawful for the owner or driver of any locomotive to drive it over any suspension bridge .nor over any bridge on which a conspicuous notice has been placed by the authority of the surveyor, or persons liable to the repair of the. bridge, that the bridge is insufficient to carry weights beyond the ordinary traffic of the district, without previously obtaining the consent of the surveyor of the road or bridge master, under whose charge such bridge shall be for the time being, or of the persons liable to the repair of such bridge. By section 6 ('Cl of the Act of x8g8 the Council may by by-law prohibit or restrict the use of a locomotive on any bridge in the county if it is 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. Section 7 of the same Act provides that, if the owner of a locomotive is aggrieved by any restriction on the use of a bridge either under the provisions of section 6 of the Act of 186z, or under by-laws made under the provisions of section 6 (IC) of the Act of 1898, he may appeal to the Local Government Board, and if the Board considers the bridge adequate to bear the weight of heavy locomotives and there is no other reasonable cause for imposing the restriction, it may order such restriction to be removed or varied in any respect. It appears to us that sufficient protection is afforded by section 6 of the Act of .1861 to the owners of bridges, and we do not think that in the circumstances any useful purpose would be served by the Council making a by-law on this matter. We therefore submit in a modified form the by-laws presented to the Council on the 'nth May, 1904. While the adoption of by-laws under the Act of 1898 will doubtless be of great service in securing regulation of heavy locomotive traffic, we think that the abatement of the nuisance occasioned by the traffic could only be secured by the locomotives being constructed and equipped so as to obviate noise and vibration, and for this purpose an amendment of the existing law will be necessary. In connection with this matter a deputation from the National 'Fraction Engine Owners' and Users' Association attended before ILls in January last, when it was admitted that these heavy locomotives had in some respects proved a nuisance in. London, owing to the vibration and to the noise caused by the exhaust steam, and the deputation expressed an opinion that it was very desirable that all traction haulage engines habitually working in London should be spring mounted and compounded. We have communicated with the various county councils and county borough councils having powers under the Act of 1898 to make by-laws in respect of heavy locomotives, with a view of ascertaining whether, in the event of the Council deciding to approach His Majesty's Government in the matter, or obtaining the introduction into Parliament of a measure, such action would receive their support. Of those councilswho have re

plied 39 are in favour of action being taken as proposed, two are in favour of action but suggest modifications, and 13 for various reasons do not see their way at the present stage to support the Council's proposals.

We have considered what steps should be taken in this direction by the Council, and we feel that as the present law on the subject is contained in Acts of a public character, any amendment should be in the nature of a public Bill. We therefore propose that the President of the Local Government Board should be asked to receive a deputation from the Council to point out the nuisance which is caused by heavy locomotives, and tosuggest that fresh legislation should be promoted by His Majesty's Government to deal with the matter. The recommendation which we submit below covers the various points to which we think special attention should be drawn. We recommend— (a) That by-laws, as set out in the appendix to this report, be made under the provisions of section 6 (r) of the Locomotives Act, 1898, with regard to the use of locomotives within the administrative county of London (exclusive of the City of London) ; that the seal of the Council be affixed to three copies of the by-laws ; that application be made in due course to the Local Government Board for the confirmation of the by-laws, as required by the Act ; and that the Public Control Committee be authorised to issue the necessary notices of the Council's intention to apply for the confirmation of the bylaws, and to take all other measures which may be requisite with regard to the matter. (b) That the President of the Local Government Board be asked to receive a deputation from the Council on the subject of the promotion of fresh legislation to amend the Locomotives Acts on the following lines, and that the Public Control Committee be authorised to take the necessary steps in the matter— (1.) That all locomotives and trailers shall be fitted with suitable springs.

(ii.) That licensing authorities shall be empowered to refuse to license any locomotive which is not so constructed as to avoid unnecessary noise or vibration subject to an appeal to a magistrate in case of dispute. (iii.) That the weight of engines shall not exceed eight tons on any axle (such weight to apply to towns only).

(iv.) That the weight of a trailer and load shall not exceed 12 tons.

(v.) That licensing authorities shall be empowered to weigh vehicles.

(vi.) That the present limit of width of locomotives and trailers, viz., 9ft., shall be reduced. (vii.) That no locomotive shall be allowed to draw more than two trailers in towns.

Be-Laws made by the London County Council at a meeting held at the County Hall, Spring Gardens, on Tuesday, the day of , with respect to locomotives in the Administrative County of London (exclusive of the City of London).

For regulating the use of locomotives and of wagons drawn by locomotives or any highway. r. Throughout these by-laws the expression "the Council" means the LONDON COUNTY COUNCIL, and the expression "the County" means the ADMINISTRATIVE COUNTY OF LONDON (exclusive of the City of London).

2. A person in charge of a locomotive on any highway shall not use the locomotive to draw more than three unloaded wagons, with or without any wagon solely used for carrying water for such locomotive.

Provided that this prohibition shall not apply in any case where, on application to the Council for permission to use a locomotive to draw more than three unloaded wagons, with or without any wagon solely used as aforesaid, such Council in writing grant such permission. 3. A person in charge of a locomotive shall not cause or suffer the locomotive to remain stationary on any part of a highway for more than twenty minutes at any one time. Provided that this by-law shall not be deemed to apply in any case where the stopping of the locomotive for a longer period than twenty minutes (a) is necessary in order to enable the person using the locomotive to comply with the requirements of any statutory provision or by-law for the time being in force for the regulation of the use of locomotives ; or

(b) is rendered necessary by accident, or other unavoidable cause ; or

(ci is necessary in case of a steam, roller lawfully on any highway for the purpose of maintenance, repair, or construction of highways. 4. Where for a continuous length exceeding fifty yards a highway comprises a carriageway or cartway of a width less than twenty-four feet, a person in charge of a locomotive shall not drive or suffer the locomotive to be driven upon the carriageway or cartway unless a person accompanying the locomotive shall precede the locomotive for a distance reasonably sufficient to warn the drivers of vehicles of the approach of the locomotive.

5. A person in charge of a locomotive shall not cause or suffer the locomotive to remain stationary on any highway so that any wheel of the locomotive rests on any bridge, arch or culvert or within ten feet from the face of the abutment of any bridge, am ch or culvert. Provided that this prohibition shall not be deemed to apply in any case

(a) where a steam roller is lawfully on any highway for the purpose of the construction, repair, or maintenance of a highway ; or (b) where, in pursuance of the statutory provision in that behalf, a locomotive may be required to be instantly stopped ; or (c) where the stopping of a locomotive may be rendered necessary by accident, or other unavoidable cause.

6. A person in charge of a locomotive on any highway who may be required by any officer of the Council or police constable, duly authorised in that behalf, to stop the locomotive, for the purpose of enabling the officer or constable to ascertain by examination whether any provision of any statute or bylaw applicable to the locomotive has been or is duly complied with, shall forthwith cause the locomotive, if in motion, to stop, and 'hall not cause or suffer the locomotive to be again set in motion until such time shall have elapsed as may be reasonably necessary for the purpose of such examination.

The person in charge of the locomotive shall, in connection with such examination, give all reasonable assistance that may be demanded by the officer or constable requiring the locomotive to be stopped.

7. A person in charge of a locomotive on any highway shall furnish his true name and address to any officer of the Council or police constable, duly authorised in that behalf, who shall demand the same.

8. A person in charge of a locomotive on any highway shall not cause or suffer the locomotive to be driven on the same track as another locomotive preceding it, at a less distance than two hundred yards, except where there is a reasonable necessity for so doing.

9. From and after the date ot the confirmation of these bylaws the by-laws with respect to Locomotives in force in the County of London shall be repealed.