Width of Tyres Act 1867 (SA)

ANNO TRICESIMO PRIM0

No, 12.

An Act to regulate the Weights to be carried on certain T.7eehicles, mad

for other purpose,^.

[Assented to, 19th Deceiuher, 1867.1

HEREAS great damage is caused to the roads by the carrying Pmuble.

desirable to make provision tbr regulating-the loads to be carried on	W of heavy weights on vehicles with narrow wheels, aud it is
such vehicles in manuer hereinafter provided, and for that purpose to confer certain powers on certain persons-Be it therefore Enacted

-	by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council ancl House of As- sembly of the said Province, in this present Parliament asseiubled,
as follow S :

2 H

1. The word Commissioners shdl mean the Central Board of Dehitionclauee.

Main Roads, or the Local Bonrds of Main Roads, as the case may be, as to Main Roads, the Municipal Council of any Municipal Corporn- tion as to roads with the limits of such Corporation, the District

Council of any district as to roads within such district, and as to all

other public roads, the Commissioner of Public Works acting as

Commissioner of Road S.

,r: .I

2. No person shall carry on any public road, in any waggon, dray, NO^ more than eight hundred-weight to

'cart, or other vehicle, a greater weight than that next mentioned, the bea,+,g

h t is to say-for each wheel of any two-wheeled vehicle a total aurfw to h c u r i d

weigh, including such vehicle, of eight hundred-weight avoirdupois, in draye, &c.

and for each wheel of any four-wheeled vehicle a total weight, in-

eluding such vehicle, of nine hundred-weigl~t avoirdupois, for each

inch

31° VICTORIB, No. 12,

The FFidth of Fires Act.-1867.

inch of width of bearing surface of the tire or felloe; the words

width of bearing surface," being taken to mean the actual width

of the bearing surfsce of such tire or felloe, t h d would actually

come in contact with, or bear upon, a hard? smooth, level surface,

when the wheels are attached to the a ~ l e aud read for use: Pro-

S

vided that nothing in this clnuse shall be deem { to apply to the	conveyance of any piece of heavy machinery which kannot be taken
apart without great expense or loss.

Board may make by-	3.	The Central Board of Main Roads, or any Local Board of Main
laws for regulating

Roads, may make b y - l a ~ s and regulations for declaring the weight

weight, -mure-

ment.

of such kinds of goods m d merchandize as to then1 may seem fit by measurement; and hlny from time to time alter or repen1 sueB bg- laws and regulations, a i d make others: Provided th& such bylaws and regulations shall be confirmed by the Governor, and after such confirmation shall be published in the Government Gazett~, for one calendar month before the same shall come into operation.

Percons carrying

goode, &a, on requesb

4. Every person in charge of any velliele carrying goods or mer-

chandize as aforesaid shall, upon being requested by any authorized

ww to be memured+ inspector of weights and measures, or other officer of any Municipal

Corporation or District Council, or Surveyor or other officer of the ~ e k r a l Board or Local Board of Main Rbads, allow such officer to measure such goods with a view of ascertaining the weight thereof, in accordance with any such by-law to be made as aforesaid, and the result of such measurement shall bc taken to be the actual weight of

such goods and rnerchandize for the purposes of any information to be

laid under the provision^ hereof, unless the owner or driver thereof shall at the time give notice of his intention of having the same

weighed, and shall forthwith at his own expense proceed to have the

same weighed a t the nearest or most convenient weighbridge.

Vehiclesiohavename

of owner, &c, painted 5, Every vehicle carrying, or constructed to carry, goods or mer-

P, chandize of any kind whatever, and every vehicle carrying pas- sewers for hire. in actual use on anv road. slmll have the Christfan aobeurname, ahd place of abode of the dwner, or of the principal .bartoer or owner thereof, and the weight of such vehicle, painted on boaie conspicuous part the off side thereof, in whi7rhite iiters on a black ground, such letters not being less than two inches in length, and of a breadth in proportion; and hhe owner of any such vehidle who shall neglect to have such name, abode, and weight painbd a6 aforemid, ox who shall have the same 90 painted incorrect1

forfeit and pay for each offence a sum of not less than Five S P, dlliu@ shdl

nor more than Five Pounds: Provided that fo r every day that any such hhicls shall continue to -be used ag aforesaid, and to ha$e tie hmae, abode, and weight unpainted, or incorrectly painted as afof&slai;d,

F ilia owuer bbereof sh&ll be deemed to have committed a fresh io&ihb8.

amrwtd ht m refua* PW* Im h* p e k a ~ shall, on request, refuse to allow

be &#~wrbd'as bfokeskid, ttr the veh?elii imd 1

~.ro&wl*un

a*? at the neareat or most convenient weighbridge, ah

? - . " M % - P " " "

. -

i	.	'
-

The width of 2 % ~ ~ct.--1867.

and pay, for eskb offence, a sum	not less than Forty ~ h i l l i n ~ s	nor
more khan Teh Pounds.

uuthorized to

7. It sball riot be laqful tor m y one to stop, weigh, or measur6

and n o keeper of a weighbridge, unless also a keeper of a toll-bar,

shall be appointed Inspector uud& thig Act.

any vehide or load thereon, unless such person be du1y appointed; 6 mine.

8. Auy person who shall carry in any vehicle a @eater yei'ght,

including the vehicle, than that alloaed by this Act, shall forfeit and pay for each offence the sum of One Shilling for q?ch hundred- weight or part of s hundredweight carried i n excess of the quantity allowed by this Aet.

9. Commissioners may, if they think roper, order and cause to ~, ", $ $, " ~ ~ ~ ~ t -

be built and erected on any roads wit g in their respective iuris- chlnsa.

dietieas, or at such distance (herefrom as shall be thought expehiFnient, one br more machines or engines, with n suitable hause or other building thereto, proper for the weighing of vehicles conveying my goods or n~e~chandize whatsoever, or may license any such machines or engines if erected by private persons.

person acting by or under their authority, or any officer of any car- Lmine wheel#. 10. Commissionera, and every Surveyor of the roads, or other. ommiseionermrp

porate city or town may measure and examine, or cause to be measured and examined, the wheels of every waggon, kart, or other vehicle in use on any public roatl.

11. Subject to the laws in force relating to the making of by-lam Corporatio-an V"' trict Councilr d

bp Corporations and District Councils respectively, it shall be lawful	hy-lam,
for any Municipal Corporation or District Council from time to time, in addition to the by-laws heretofore authorized, to make, alter

effect, or vary any by-law or by-laws for the better carrying this Act into 12. It shall not be lawful to present to the Governor for con- ~&l$?,;$~~~~

firmation, or for the Governor to confirm any by-law or regulation bsfore confim~tion.

made under the authority of this Act, until after the same shall

have been laid before Parliament for the space of fourteen days.

13. All proceedings for offences against this Act in respect of 8umm~procedunb

which any fine or penalty is imposed, shall be had and taken, and may be heard and determined in a summary way, by any Special Magistrate or two Justices of the Peace, under the provisions of an Ordinance of the Governor and Legislative Council, No. 6 of 1850, "To facilitate the performance of the duties of Justices of the Peace out of Session, with respect to summary convictiona and orders," or of any Act hereafter to be in force relating to the duties of Justices of the Peace, with respect to summary convictions and

orders, and all convictions and orders may be'enforced, as in the

WlBbhert iig rneu~ened.

14% 3here

410 3 L0 VICTOBIE, No. 12.

f I

The Width of Fires Act.--1867,

S Appal ta Adhide 14. There shall be an appeal from any conviction by any Special or Gom any order dismissing any information or com;laint,

h 1 Cow4 of Full

Jurtdiction. Magirstrate or Justices of the Peace, for any offence against this Act,

or from

any order for a ment of money, whether for costs or otherwise;

which appeal s 17 a 1 be to the Local Court of Adelaide of Full Juris-	diction only, and the proceedings on such appeal shall be conducted
in manner appointed by the said Ordinance, No. 6 of 1850, for appeals to Local Courts; but the Local Court of Adelaide rafbresaid -may make such order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds.

NO grrtiorari. 15. Save as herein provided, no cowiction or order of any Special Magistrate or Justice of the Peace made under the authority of this Act, shall be appealed against or removed by certiowri or otherwise into the Supreme Court of the said Province.

A ~ ~ W t i o n o f	f ~ f i ~ 16. Except as hereinafter mentioned, every fine imposed for any
ac.

offence against this Act shall be paid to the Treaeurer, on behalf of

Her Majesty, Her heirs, md successors, for the public uses of the

said Province, and support of the Government thereof: Provided that when any such fitle is imposed for any offence committed within the limits of any corporate city or town, or district constituted under the District Councils Act, 1858, one moiety of such fine shall be paid to the Corporation or District Council within the limits of whose city, town, or district such offence was committed.

Cornbencement of

Act 17. This Act shall commence and take effect on the first day of

July, 1868.

short title, 18. This Act may be cited as The Width of Tires Act of 1867."

In the name and on behalf of the Queen I hereby assent to this Act.

D, DALY, Governor.