"an Act For regulating the use of locomotives on Turnpike and other Roads"

1861 24 & 25 Victoria chapter 70

Whilst we need further info on this interesting sounding piece of legislation, Chris Marsden makes the following comments -

The Act of 1st Aug 1861 24&25 Vict Cap70 "For regulating the use of locomotives on Turnpike and other Roads" states that 'roads' for the purpose of the Act are ways maintainable by the public at large.   Locomotive means propelled by steam or by other than animal power, and stated that if the local Authority considered any of it's publicly maintained roads to be unsuitable for locomotive traffic, a restriction order would have to be signed by two or more magistrates.

This shows Locomotives could use all public roads EXCEPT those that had been closed by the magistrates.

Therefore *IF* it existed prior to 1930, and was a Highway, then UNLESS it had a Magistrate's TRO it was already a public Carriageway.  Subsequent recording as a Bridleway, is immaterial.  The same powers exist today to TRO if it is not suitable for steam or other powered vehicles.

If it existed before 31/8/1835, it is publicly maintainable (Highway Act 1835).  If it was excluded on FA, only the HA can say no you can't as Landowner, and they have a duty to you to Assert & Protect your rights.  To indicate otherwise is Ultra Vires.

Does anyone disagree with my logic?

Chris Marsden GLASS HSC 3/2003