Locomotive Acts

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The Locomotive Acts (or Red Flag Acts) were a series of Acts of Parliament in the United Kingdom regulating the use of mechanically propelled vehicles on British public highways during the latter part of the 19th century.

Contents

The first three, the Locomotive Act 1861 (24 & 25 Vict. c. 70), the Locomotives Act 1865 (28 & 29 Vict. c. 83) and Highways and Locomotives (Amendment) Act 1878 (41 & 42 Vict. c. 77), contained restrictive measures on the manning and speed of operation of road vehicles; they also formalised many important road concepts such as vehicle registration, registration plates, speed limits, maximum vehicle weight over structures such as bridges, and the organisation of highway authorities.

The most strict restrictions and speed limits were imposed by the 1865 act (the "Red Flag Act"), which required all road locomotives, which included automobiles, to travel at a maximum of 4 mph (6.4 km/h) in the country and 2 mph (3.2 km/h) in the city, as well as requiring a man carrying a red flag to walk in front of road vehicles hauling multiple wagons.

The 1896 act removed some restrictions of the 1865 act and raised the speed to 14 mph (23 km/h).

The Locomotives on Highways Act 1896 provided legislation that allowed the automotive industry in the United Kingdom to develop soon after the development of the first practical automobile (see History of the automobile). The last "locomotive act" was the Locomotives Act 1898.

Background

The Highway Act 1835 and subsequent acts (Public Health Act 1875 (38 & 39 Vict. c. 55), Local Government Act 1888 and Local Government Act 1894) attempted to find satisfactory methods of maintaining roads since the UK turnpike trust system had failed following the UK railway boom.[ citation needed ]

New steam powered road locomotives, some up to 9 feet (2.7 m) wide and weighing 14 tons, were alleged to damage the highway while they were being propelled at "high speeds" of up to 10 miles per hour (16 km/h). [1]

However, there is evidence that the steam carriages' brakes and their wide tyres caused less damage to the roads than horse-drawn carriages because of the absence of horses' hooves striking the road and wheels which did not lock and drag. [2] It has been claimed that the restrictions in the earlier act were advocated by those with interests in the UK railway industry and horse-drawn carriages. [3] [ disputed discuss ]

In addition to any concerns about the state of the roads, by the 1860s, there was concern that the widespread use of traction engines, such as road locomotives and agricultural engines, would endanger the safety of the public. It was feared that engines and their trailers might cause fatal accidents, scare horses, block narrow lanes, and disturb the locals by operating at night. Although all of these fears were justified and were soon realized, there was a gradual acceptance of the machines as they became more common in commerce.[ citation needed ]

Similar 'Red Flag' legislation was enacted in some states in the United States. [4]

The emerging UK automotive industry advocated very effectively for the 1896 Act during the preceding year. Coventry manufacturer Harry J. Lawson, who had purchased the British Daimler engine patents in 1895 and later was to form The Daimler Motor Company, was very influential. [5] [ failed verification ] Economic historian Kenneth Richardson has suggested that the 1896 Act may have been written by Sir David Salomons, the founder of the Self-Propelled Traffic Association, on his assumption that no government department personnel would have had the necessary experience to do so themselves. [6]

The Acts

Dormans engines ad referring to the Red Flag Act (1919) Dormans Engines Ad 1919.gif
Dormans engines ad referring to the Red Flag Act (1919)

Locomotive Act 1861

Locomotive Act 1861 [a]
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Long title An Act for regulating the use of locomotives on turnpike and other roads, and the tolls to be levied on such locomotives and on the waggons and carriages drawn or propelled by the same.
Citation 24 & 25 Vict. c. 70
Dates
Royal assent 1 August 1861
Status: Amended
Text of statute as originally enacted
Text of the Locomotive Act 1861 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
An Act for regulating the use of locomotives on turnpike and other roads, and the tolls to be levied on such locomotives and on the waggons and carriages drawn or propelled by the same.

The Locomotives on Highways Act 1861 (24 & 25 Vict. c. 70) recognised that the use of "powered locomotives" on turnpikes and other roads would become commonplace, and that many existing laws (e.g. Turnpike, Highway acts) did not contain any provision for regulation or tolling of such vehicles. [7] The act contained sections on:

The act also set out the values of fines for breach of the regulations.

Locomotives Act 1865 (Red Flag Act)

Locomotives Act 1865 [8]
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Long title An Act for further regulating the use of Locomotives on Turnpike and other roads for Agricultural and other purposes.
Citation 28 & 29 Vict. c. 83
Dates
Royal assent 5 July 1865
Commencement 1 September 1865
Expired1 September 1867
Other legislation
Repealed by Road Traffic Act 1930
Status: Repealed
Text of statute as originally enacted
An Act for further regulating the use of Locomotives on Turnpike and other roads for Agricultural and other purposes.

The Locomotive Act 1865 (28 & 29 Vict. c. 83): [9]

Highways and Locomotives (Amendment) Act 1878

Highways and Locomotives (Amendment) Act 1878 [10]
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Long title An Act to amend the Law relating to Highways in England and the Acts relating to Locomotives on Roads; and for other purposes.
Citation 41 & 42 Vict. c. 77
Dates
Royal assent 16 August 1878
Repealed5 November 1993
Other legislation
Amended by
Repealed by Statute Law (Repeals) Act 1993
Status: Repealed
Text of statute as originally enacted
An Act to amend the Law relating to Highways in England and the Acts relating to Locomotives on Roads; and for other purposes.

The Highways and Locomotives (Amendment) Act 1878 (41 & 42 Vict. c. 77) contained sections on:

The act also repealed and replaced with amendments part of the 1861 and 1865 Locomotive Acts; these included:

Locomotives on Highways Act 1896

The Locomotives on Highways Act 1896 introduced a 12 mph speed limit (8 to 16 mph at the local authority's discretion). [11] Speed limits were later increased by the Motor Car Act 1903.

Locomotives Act 1898

Locomotives Act 1898
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Long title An Act to amend the Law with respect to the use of Locomotives on Highways, and with respect to extraordinary Traffic.
Citation 61 & 62 Vict. c. 29
Dates
Royal assent 2 August 1898
Repealed5 November 1993
Other legislation
Repealed by Statute Law (Repeals) Act 1993
Status: Repealed
Text of statute as originally enacted
An Act to amend the Law with respect to the use of Locomotives on Highways, and with respect to extraordinary Traffic.

The Locomotives Act 1898 (61 & 62 Vict. c. 29) required road users to affix signs displaying the weight of wagons; limited length of hauled road trains to three wagons without permission, and gave powers to road authorities to operate weighing machines for the weighing of road vehicles, as well as allowing fines for the contravention of the regulations, and allowed for compensation relating to delay caused by the weighing process. (Sections 2, 3 and 4 respectively)

The act also contained sections on:

See also

Notes

  1. Section 14.

References

  1. "Parliamentary Intelligence. House Of Commons". The Times. 27 April 1865.
  2. Benson, Bruce L. "The Rise and Fall of Non-Government Roads in the United Kingdom". Street Smart: Competition, Entrepreneurship and the Future of Roads. pp. 263–264.
  3. Smith, A.J. (1999). Privatized infrastructure: the role of government. Thomas Telford Publishing. p. 36. ISBN   9780727727121.
  4. e.g. Ladd, Brian (2008). Autophobia. Love and Hate in the Automotive Age . University of Chicago Press. ISBN   9780226467412.
  5. "The early years of the automobile in Britain". Dailmer. Retrieved 9 October 2010. Meanwhile British Motor Syndicate began a public relations campaign to lobby for the repeal of the "Highways and Locomotive Act", still the main obstacle to the introduction of the car in Britain... Furthermore, on November 2, 1895, the syndicate published the first issue of the magazine "The Autocar" – today the world's oldest car magazine ... The show was a great success and in political terms, too, things were now running according to plan. Even before the show opened the Prince of Wales, the future King Edward VII, expressed a desire to view and ride in an automobile. Simms and Ellis were happy to oblige with a ride in a belt-driven Daimler. Prince Edward returned from his test drive full of enthusiasm, and even though he expressed the view that as an animal lover he hoped the car would not render the horse completely redundant, he agreed to become patron of Britain's first motor show.
  6. Richardson, Kenneth (1977). The British Motor Industry 1896-1939 . Archon Books. p.  16. ISBN   9780208016973.
  7. Locomotives Act 1861, pre-amble
  8. This short title was conferred on this Act by section 13 of this Act.
  9. "The statutes of the United Kingdom of Great Britain and Ireland [1807-1868/69]". London, His Majesty's statute and law printers. 28 January 1807. p. 183 via Internet Archive.
  10. This short title was conferred on this Act by section 1 of this Act.
  11. Baldwin, Peter; Baldwin, Robert, eds. (2004), The Motorway Achievement, vol. 1, Thomas Telford Publishing, p. 30, ISBN   9780727731968

Acts