S.I. No. 72/1936 - The Road Traffic Act (Variation of Excessive Periods of Driving) Order, 1936.


STATUTORY RULES AND ORDERS. 1936. No. 72.

THE ROAD TRAFFIC ACT (VARIATION OF EXCESSIVE PERIODS OF DRIVING) ORDER, 1936.

THE ROAD TRAFFIC ACT (VARIATION OF EXCESSIVE PERIODS OF DRIVING) ORDER, 1936, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 16th DAY OF MARCH, 1936, PURSUANT TO SUBSECTION (7) OF SECTION 169 of THE ROAD TRAFFIC ACT, 1933 .

WHEREAS it is enacted by sub-section (7) of section 169 of the Road Traffic Act, 1933 , that the Minister for Industry and Commerce may on the application of any person who appears to him to be representative or employers affected by the operation of the said section or of employees similarly affected and after referring the matter to and being advised by the advisory body to be established under the said section and if he is satisfied that the proposed order will not be detrimental to the public safety, by order vary in any manner any period which is declared by the said section, or by any order previously made under the said sub-section, to be an excessive period for the purposes of the said section.

AND WHEREAS the Amalgamated Transport and General Workers' Union, of 112 Marlborough Street, Dublin, being a body appearing to the Minister for Industry and Commerce to be representative of employees affected by the operation of the said section, has applied to the said Minister for an order varying the period declared by paragraph (a) or sub-section (1) of section 169 of the said Act to be an excessive period for the purposes of the said section, and the said Minister has referred the matter to and has been advised thereon by the advisory body established under the said section.

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the powers conferred on him by sub-section (7) of section 169 of the Road Traffic Act, 1933 , and of every and any other power him in this behalf enabling, and being satisfied that this order will not, be detrimental to the public safety, hereby orders as follows :—

1. This Order may be cited for all purposes as the Road Traffic Act (Variation of Excessive Periods of Driving) Order, 1936.

2. Expressions used in this Order have the same meaning as in the Road Traffic Act, 1933 .

3. The period of driving mentioned in paragraph (a) of sub-section (1) of section 169 of the Road Traffic Act, 1933 , is in respect only of driving on any of the days mentioned in the Schedule to this Order any omnibus in the service of the Dublin United Tramways Company (1896) Limited, and in the event only of the conditions hereinafter mentioned being fulfilled hereby varied by the substitution therefor of the following period, that is to say—

any continuous period of driving exceeding six and one-half hours.

The conditions above referred to are :

(i) that the non-driving periods, that is to say, the periods spent by the driver at the termini during the period of six and one-half hours amount in the aggregate to not less than thirty minutes; and

(ii) that a driver who has completed a continuous period of driving of six and one-half hours does not on the same day further drive a public service vehicle.

By order of the Minister for Industry and Commerce. Dated this 16th day of March, 1936.

(Signed) JOHN LEYDON,

Secretary,

Department of Industry and Commerce.

SCHEDULE.

The following days, that is to say :—

St. Patrick's Day when it falls on a week-day or, when it falls on a Sunday, the next following Monday ;

Easter Monday ;

Whit Monday ;

First Monday in August ;

St. Stephen's Day when it falls on a week-day or, when it falls on a Sunday, the next following Monday.