Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1917-04-25

amount thereof may be recovered in the
name of the town or incorporated VIII
lage wherein said damage occurred IN
an action of tort on this statute or N an
action on the bond hereinafter provided
for
Sec ;. Section , of No Is7 of the
acts of 1912 Is hereby amended so as
to read as follows
Sec. ?. No traction engine or tractor.
with or without trailers, and no motor
truck carrying a weight IN excess of four
tons. including the vehicle, shall be OPP
Grated upon highway or bridge at a
speed greater than fifteen miles an hour
and no such vehicle carrying weight
in excess of six tons. including the
vehicle, shall be operated upon any high
way or bridge at a speed greater than
six miles an hour, when such vehicle Is
equipped with iron or steel tires, nor
greater than twelve miles an hour when
the vehicle IS equipped with tires of hard
rubber or other similar substance 4
person who violates a provision OF this
act shall be fined not more than two
hundred dollars for each offense.
Sec. : Section ? of No. 40 of the
acts OF 1910 is hereby amended so as
to read as follows:
Sec. ? No person or corporation shall
IopeTate a traction engine. tractor. trailer,
motor truck or other vehicle III excess of
a total weight of FIVE tons, including
vehicle. object or contrivancc and load,
upon a highway in any town or ncor-
.porated village unless having obtained,
and in conformity with the rules and
regulations of written permit issued by
the board of selectmen of such town or
board Of trustees of such incorporated
village Said board of selectmen or board
Iof trustees shall, upon application IN
writing Of a person or corporation own
ing or operating a traction engine, trac-
tor. trailer, motor truck or motor vehicle
that desires to operate such traction en-
CINE, tractor, trailer, motor truck or
motor vehicle upon a highway of such
town, or incorporated village, set time
for hearing upon such application. The
state highway commissioner shall be
notified of such hearing and may attend
such hearing or he may designate per-
son to represent him. Said board may
in its discretion issue to such person or
corporation a permit authorizing such
person or corporation to operate such
traction engine, tractor, trailer. motor
truck or motor vehicle upon such high
way or highways IN such town, or incor-
porated village as said board may desig
nate and containing the regulations sub
tor, trailer, motor truck or motor vehicle
is to be operated. Said board of select
men or trustees of an incorporated vii
lage may incorporate in such permit such
descriptive matter as to the highways
to be travelled over, restrictions as to
width and character of wheels of such
tractor, trailer, motor truck or other
motor vehicle and such other regulations
as IN their judgment seem most con-
ducive to a proper use of the highways.
Said permit shall expire on the thirty
first day of December but may be re-
voked for cause after due hearing before
the board which granted such permit.
Said permit shall be signed by ma
jority of said board, and the person or
corporation to whom said permit is
granted shall, before operating such trac
ton engine, tractor, trailer, motor truck
or motor vehicle, cause such permit to
be filed ID the town clerks Office of such
town or IN the village clerks Office of
such village Said board of selectmen
or trustees of an incorporated village,
or board of county road commissioners
under the provisions of the following
section may require the applicant for a
permit as herein provided to file a bond
IN such an amount as In their judgment
seems adequate, executed by surety
company authorized to transact business
IN this state, conditioned to pay all dam
ages sustained by a person, town or in
Icorporated village injured or damaged
In consequence of the careless, negligent
Tor unlawful act of said principal or the
failure of said principal to comply with
the provisions of said permit.
A person, town or incorporated village
injured by any careless, negligent or un-
lawful act of or the failure of the prin-
cipal to comply with the provisions of
said permit, and, if the death of any
person is caused by any careless, negli-
gent or unlawful act as aforesaid the
executor or administrator, shall have a
right of action upon such bond for all
damages sustained, and shall, upon re-
quest, be furnished by said board with
a certified copy of such bond and may
bring suit in the name of the obligee
named in such bond for his, its or their
use and benefit against the principal and
surety named in such bond, and may
prosecute the same TO final judgment
and execution.
A person or corporation who violates
"a provision of this section shall be fined
not more than two hundred dollars for
each offense.
Sec 5. A person or corporation that
has made application for a permit to
operate a traction engine, trailer, motor
truck or other vehicle under the pre-
Iceding section that feels aggrieved by
the decision of the board of selectmen
Ior board Of trustees In the premises
may appeal therefrom to the board of
county road commissioners for the coun-
ty IN which said town or incorporated
village is located. Such appeal shall con-
sist of written petition to the board of
county road commissioners setting forth
"a description Of the traction engine,
trailer, motor truck or other vehicle pro-
posed to be used, description of the
highways over which It is proposed to
operate the same, statement of the
proceedings and the result thereof had
before such board of selectmen or board
of trustees and a petition that said board
OF county road commissioners shall grant
written permit for the operation Of