Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1914-02-13
STATEMENT nY PRESIDENT OF
IhE VALLEY TURNPIKE.
M. H. r. Byrd Explains Pend
ing Bill Regulating Travel
Of Traction Engines.
BILL.

- oAAsAss
Providing tor the protection
of turnpike roads that have been
treated with bitumen or other
artifcial binders from injury by
traction engines, tractors or
motor trucks, and prescribing
penalties for the violation thereof.
Re it enacted by the General
Assembly of Virginia that it
shall be unlawful for the owner
or driver of any traction engine,
tractor or motor trucksto drive or
cause to be driven without the
consent of the turnpike company
or proper authorities, as the case
may be. any such traction en-
gines. tractor or motor truck
on or over any turnpike or public
road in the Commonwealth of
Virginia that has been treated
with bitumen or other artificial
binder, whose wheels are equip
ped with cleats or other devices.
that penetrate OF. Cause unreason-'
able injury to the surface of said
turnpike or public road or whose
wheels are not so constructed or
equipped as to present reason
ably smooth surface to the road
bed, 50 as not to cause unreason-
able injury thereto.
Provided that the provisions
of this act shall not be construed
as to prevent the crossing of said
turnplkes by said traction en-
gines, tractors or motor trucks
at any point where public road
and said turnpike shall intersect
and directly cross each other.
Any owner or driver of any
such traction engine, tractor or
motor truck, who shall violate
the provisions of this act, shall,
upon conviction thereof, pay a
fine of not less than Twenty Dol
lars (S20) or more than Fifty
Dollars (S50) for each offense.
The foregoing bill is explained
briefly below:
% The bill applies only to
turnpike roads treated with btu
men or other artificial binder.
~ Cheated traction engines
can cross roads so treated when
such road is intersected by any
public road, road authorities also
have the power to authorize the
passage of cleated traction en-
gines.
60 The bill is not prohibitive
IN itself, and by regular process
of law it must be proven that
cheated traction engines by pas
sage on this type of road do UNI
reasonable damage.
a. The bill does not apply to
traction engines equipped with
filler-blocks or other appliances,
so that the wheels are reason
ably smooth.
The burden of proof is on the
road authorities, the local pro-
cess being the same as in other
misdemeanor cases, viz: First.
trial before justice of the peace, |
with right to either party to APP
peal for jury.
The above bill simply provides
the legal machinery to have the
fact whether cleated traction en-
gines do unreasonable damage to
roads treated with bitumen or
other artificial binders, adjudi.
Gated by legal process.
The traction engine owners who
are now opposing this bill put
themselves in the indefensible Do
sition of endeavoring to operate
atype of traffic on public roads,
which does unreasona bic damage.
The legal Interpretation of
unreasonable" is mot consis-
tent with reason" excessive, /"
''extravagant," etc.
In broad terms when used in
this, particular connection, it
would no doubt mean such dam
age which is prejudicial to the
general welfare of the commune
ty.
Can any person properly say
that any class of vehicle can be
propelled on public roads at 50 |
rreat 4 damage as to prejudice
the general Welfare ? If unreas-
enable damage is not proven,
the bin, if passed is not opera
tive
ne isal decision rests with a
inrv 1rinl, - surely tractioa en-
- oerer1 - - fear = haveJ