McLean Motor-car Act 1898
McLean Motor-car Act 1898
McLean Motor-car Act 1898
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McLean Motor-car Act 1898
Private Act |
1898 No 2 |
|
Date of assent |
28 October 1898 |
|
Contents
An Act to authorise William McLean to use Motor-cars, and toenable other Persons to obtain Permits and Licenses for alike Purpose, and also to authorise the Storage of Inflammable Substances used in driving such Motor-cars.
Preamble.
WHEREAS William McLean, of Wellington, Commission Agent, acting for himself and others, lately arranged for the introduction into the colony of motor-cars: And whereas it is doubtful whether in the existing state of the law motor-cars can be lawfully used on the public roads and streets, and it is expedient that power should begiven to use motor-cars on such roads and streets:
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The McLean Motor-car Act, 1898.”
2 Interpretation.
In this Act the following expressions shall have the meanings assigned to them respectively:—
(1.)
“Promoters”
means the said William McLean and any company which may acquire his rights and also his or their assigns.
(2.)
“Motor-car”
means any vehicle propelled by mechanical power which unladen is under three tons in weight, such vehicle being so constructed that no smoke or visible vapour is emitted therefrom except from some temporary or accidental cause.
3 Motor-car deemed a carriage.
A motor-car shall be deemed to be a carriage within the meaning of any Act and of any rule, regulation, or by-law made thereunder, and, if used as a carriage of any class, shall be deemed to be a carriage of that class.
4 Motor-cars may be used.
It shall be lawful for the promoters or any licensee under this Act to use motor-cars in any county, borough, town district, or road district, subject only to the by-laws or regulations generally affecting vehicles.
5 Fuel, &c., not included in weight.
In calculating for the purposes of this Act the weight of a vehicle unladen, the weight of any water, fuel, accumulators used for the purpose of propulsion shall not be included.
6 Lights to be used.
During the period between half an hour after sunset and half an hour before sunrise every motor-car shall carry attached thereto a lamp so constructed and placed as to exhibit a light in accordance with the regulations to be made by the Governor in Council.
7 Bell to be carried.
Every motor-car shall carry a bell or other instrument capable of giving audible and sufficient warning of the approach or position of the motor-car.
8 Greatest speed twelve miles.
No motor-car shall travel along a public highway at a greater speed than twelve miles an hour, or than any less speed that may be prescribed by regulations.
9 Petroleum may be stored according to regulations.
The keeping and use of petroleum, or of any other inflammable liquid or fuel, for the purpose of motor-cars shall be subject to regulations made by the Governor in Council, and regulations so made shall have effect, notwithstanding anything in any Act relating to petroleum or other inflammable liquid or fuel.
10 Governor in Council may make regulations.
The Governor in Council may make regulations prescribing the conditions under which motor-cars may be used and for the issue by any local authority of licenses hereunder. Such regulations may be limited in their application to a particular area, and may, on the application of any local authority, prohibit or restrict the use of motor-cars in crowded streets or in other places where such use may be attended with danger to the public. All regulations made under this Act, not inconsistent with the regulations or by-laws made by anylocal authority, shall have full force and effect, anything in any other Act to the contrary notwithstanding, and shall be laid before the General Assembly of New Zealand at its then or next sitting. Until such regulations are made those contained in the Schedule hereto shall be the regulations in force.
11 Penalty.
A breach of any by-law or regulation made under this Act or of any provision of this Act may on summary conviction be punished by a fine not exceeding ten pounds.
12 License-fee to be paid.
After the passing of this Act there shall be paid to the local authority issuing the license in respect thereof for every motor-car which is plying for hire under this Act,—
If the weight of the motor-car does not exceed two tonsunladen, the same license-fee as is payable for carriages of a like class; If the weight of the motor-car exceeds two tons unladen, half more.
13 Power to issue license.
Any person desirous of using motor-cars under the provisions of this Act may apply to and shall be entitled to receive from such public officer as the Governor in Council may appoint a permit to use motor-cars under the provisions of this Act and the regulations to be made thereunder.
14 Duration of Act.
This Act shall remain in force until a public Act dealing: with the subject of motor-cars shall have come into force and no longer, and the promoters shall have no claim to compensation upon the passage of any such public Act.
Schedule Regulations
1.
Motor-cars shall be capable of being guided by a person sitting thereon.
2.
The tire of each wheel shall be not less than two inches and a half in width.
3.
Every motor-car shall have, for every two wheels, one brake; and all brakesshall be so arranged as to be under the control of some competent person.
4.
The width of a motor-car shall not exceed six feet and a half.
5.
Every motor-car shall have conspicuously painted on its right side either anumber or mark, registered at the office of the local authority where it is licensed in the name of the owner. The weight of every motor-car shall also be similarly painted on the right side thereof.
6.
The greatest speed at which motor-cars shall be allowed to travel shall be as provided in this Act, but any local authority having jurisdiction over streets or roads may, by a resolution, of which notice shall be given to the holder of any license, or by by-law, limit the speed over any specified thoroughfare or thoroughfares to eight miles, or less, either during the whole day or a portion thereof.
7.
The name of the owner and driver of any vehicle shall be given to any constable requiring the same, or to any other person upon any reasonable request being made for the same.
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Versions
McLean Motor-car Act 1898
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