864
THE NEW ZEALAND GAZETTE.
[No. 27

Every schedule to these by-laws shall be deemed a part thereof. Whenever forms are prescribed, slight deviation therefrom (but to the same effect and not calculated to mislead) shall not vitiate.

Heavy Traffic.

(27.) In these by-laws, unless inconsistent with the context, “heavy traffic” means—

(a) The transportation of any vehicle, engine, or machine which itself or together with anything or things being transported thereon weighs more than one-and-a-half tons avoirdupois to each pair of wheels.

(b.) The traction of any vehicle or thing by means of bullocks, notwithstanding that such vehicle or thing may separately or together with any load thereon weigh less than one-and-a-half tons avoirdupois.

(c.) Any traffic which may from time to time be declared to be “heavy traffic” by Order in Council.

Covering “Special Damage.”

(28.) No person, firm, or company shall engage in heavy traffic upon any road within this Council’s jurisdiction unless the cost, as shall be estimated by the Council, of reinstating the said road, in consequence of special damage likely to be done to such road by such traffic, is previously paid to the Council, or a bond to pay the same is first entered into with and to the satisfaction of the Council.

Covering Damage by reason of Heavy Traffic.

(29.) The Council may enter into an agreement with any person or persons concerned in any heavy traffic on or along any road under the care or control or management of the Council, including the bridges and culverts thereon, for the annual or other payment of any reasonable sum for any damages occurring or likely to occur to such road or roads or the bridges and culverts thereon by reason of their engaging in any heavy traffic thereon.

(30.) Nothing contained in this by-law shall be held to relieve any person from any extraordinary damage he may do or cause to be done to any road, bridge, or culvert under the care, control, or management of the Council by reason of such heavy traffic and by reason of having arranged with the Council for an annual or other payment in respect of such heavy traffic.

(31.) No person shall during the months of May, June, July, August, and September in any year engage in heavy traffic upon or along any road, but the Council may by resolution permit heavy traffic to be engaged in by means of motor-lorries during the before-mentioned months or any of them, upon such terms and conditions as to the Council may seem meet.

(32.) Any person desiring to engage in heavy traffic upon or along any road under the control, care, or management of the Council, shall, preparatory to entering upon the conduct of such traffic, notify the Council in writing of his intention, and shall state the nature and quantity of traffic to be conducted together with a description of the road or roads over which such traffic is to proceed, and the probable length of time such traffic is likely to continue, and description of vehicle to be used.

(33.) No person shall engage in heavy traffic upon or along any road under the care, control, or management of the Council, without first obtaining the written permission of the Council or officials so to engage in such traffic; and no person shall at any time whatsoever engage in heavy traffic upon or along any road, ferry, bridge, or culvert under the care, control, or management of the Council until he shall have first arranged for an annual or other payment of some reasonable sum which shall be fixed by the Council and given security to the satisfaction of the Council, to repair any damage that may occur to any road, ferry, bridge, or culvert by reason of such heavy traffic.

(34.) Any person desiring to engage in heavy traffic upon or along any road, bridge, or ferry within the county, and desiring the Council to fix the security provided for in clause 29 hereof may make application in Form C hereto: and no person shall make any untrue statement in any such application and the Council will then proceed to deal with such application.

(35.) Tolls or royalties shall be paid on all traffic under this heading of heavy traffic, as is provided under the heading of “extraordinary traffic,” except where otherwise decided upon by and where other arrangements are entered into with the Council.

(36.) Any person committing a breach of this by-law shall be liable upon conviction to a fine not exceeding £5.

(37.) The driver or employer of any vehicle engaged in heavy traffic shall give information as to the load or contents thereof and the quantity, weight, size, or measurement of same as shall be required of him for the purpose of enabling the same to be ascertained by the Council’s Inspector, or any other person authorized by the Council.

(38.) Any person who refuses to give reasonable information at the request of the Traffic Inspector or other officer of the Council shall be liable for every such offence, upon the conviction, to a fine not exceeding £5.

(39.) Before any traction or portable engine or heavy pieces of machinery or other heavy load coming under the heading of heavy traffic as above defined is propelled, driven, or drawn upon or across any bridge or culvert under the care, control, or management of the Rodney County Council, the driver or person in charge of such traction-engine shall first lay down and securely fasten on each bridge or culvert, planks of way of sufficient length and not less than 24 inches in width and 3 inches in thickness under each wheel for the purpose of distributing as equally as possible the weight of such traction-engine or other load over the whole length of such bridge or culvert.

And no traction-engine or other load shall be propelled, driven or drawn upon, over, or across any bridge or culvert whatsoever under the care, control, or management of the Rodney County Council save on planks of way as above provided.

Such planks of way shall be removed by the driver or person in charge of such engine immediately after the passing of such engine or, if there be continuous traffic by such engine, then after the completion of such continuous heavy traffic over or across any such bridge or culvert.

(40.) That it shall be a breach of these by-laws if any person or persons cause to be driven or drives or leads any load exceeding the weight specified in these by-laws without first having made arrangements and entered into agreement re damage that may be done to such road, over which the load may be taken.

(41.) It shall be a breach of these by-laws if any person or persons drive or cause to be driven on any bridge under the control of this Council, with a span or spans of 30 ft. or over, any greater number of cattle or horses than thirty head on the bridge at any one time. A penalty not exceeding £5 shall be imposed for any breach of this by-law.

Wheel Tire By-law.

(42.) The following table shall regulate the width of the tires of the wheels of and consequent weight of loads carried by any vehicle (whether plying for hire or not) carrying goods, produce, or merchandise of any kind or description (other than passengers’ luggage or goods carried by vehicles used chiefly for the carriage of passengers) upon any county road.

This schedule does not apply to vehicles carrying less than 10 cwt.

The width of tire in every case to be its bearing surface.

(43.) It shall be lawful for any Inspector or member of the Rodney County Council, or for any person acting under authority of the Council, to examine any vehicle and measure the width of the tire of same, and every owner or driver of any such vehicle, after such measuring or examination shall have been lawfully required, refusing to permit such examination or measuring or in any way hindering or obstructing the same, shall for every such offence be liable to a penalty not exceeding £5.