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S.I. No. 129/1933 - The Road Traffic Act (Advisory Body Regulations) Order, 1933.

STATUTORY RULES AND ORDERS. 1933. No. 129.

THE ROAD TRAFFIC ACT (ADVISORY BODY REGULATIONS) ORDER, 1933.

THE ROAD TRAFFIC ACT (ADVISORY BODY REGULATIONS) ORDER, 1933, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 26th DAY OF SEPTEMBER, 1933, PURSUANT TO SECTION 169 of THE ROAD TRAFFIC ACT, 1933 .

WHEREAS it is enacted by sub-section (5) of section 169 of the Road Traffic Act, 1933 , that the Minister for Industry and Commerce shall by order establish for the purposes of the said section an advisory body, and shall by such order provide for the constitution and procedure of such body and for the appointment, tenure of office, and removal of the members of such body, for the filling of casual vacancies in such body, and for any other matter in relation to such body which, in the opinion of the Minister for Industry and Commerce, is necessary for the due functioning of such body under the said section.

AND WHEREAS it is enacted by sub-section (6) of the said section of the said Act that the advisory body to be established under the said sub-section (5) of the said section shall consist of five members of whom all shall be appointed by the Minister for Industry and Commerce.

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the powers conferred on him by sub-section (5) and sub-section (6) of section 169 of the said Act, and of all other powers him in this behalf enabling, hereby makes the following regulations :—

1. The Interpretation Act, 1923 , applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

2. In these regulations the expression " the Act " means the Road Traffic Act, 1933 ; the expression " the Minister " means the Minister for Industry and Commerce.

3. An advisory body which shall be styled the Road Traffic Advisory Board (and which is hereinafter referred to as the Board), is hereby established for the purposes of section 169 of the Road Traffic Act, 1933 .

4. The Board shall consist of five members as follows, of whom all shall be appointed by the Minister.

(a) a chairman ;

(b) one member representing employers in the business of road transport ;

(c) one member representing persons employed in the business of road transport ;

(d) one member representing owners of mechanically propelled vehicles which are not used for the carriage of passengers or goods for reward, and,

(e) one member representing persons employed as drivers of mechanically propelled vehicles which are not used for the carriage of passengers or goods for reward.

5. The Minister may with the consent of the Minister for Finance appoint a Secretary to the Board and/or such other officers and servants of the Board as he may consider necessary for assisting them in the execution of their duties.

6. Where at any meeting of the Board the Chairman of the Board is absent, the members of the Board present at such meeting shall appoint one of such members to act as such Chairman at such meeting.

7. Every member shall, unless he sooner dies, resigns or becomes disqualified, or unless his appointment is determined by the Minister, hold office for one year but shall be eligible for re-appointment.

8. If and whenever a member is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude, or ceases to be ordinarily resident in Saorstát Eireann, he shall be disqualified from holding the office of a member.

9. The Minister may at any time, in his discretion, determine the appointment of any member of the Board, and such member shall thereupon cease to be a member of the Board.

10. A member of the Board may resign his office at any time.

11. In the event of any member ceasing from any cause to be a member of the Board the Minister shall appoint another person to be a member of the Board in his place and a person so appointed shall come into office on the day of his appointment and shall continue to be a member of the Board during the unexpired portion of the term of office of the member whom he replaces.

12. Whenever it appears to the Minister that on account of illness or for other sufficient reason a member of the Board istemporarily unable to discharge his duties as such member, the Minister may appoint a person to act as a member for such period (not exceeding the duration of such inability) as he shall think proper, and every person so appointed to act as a member of the Board shall during the period for which he is so appointed be a member of the Board in the place of such first-mentioned member.

13. Each member of the Board shall have one vote.

14. The quorum at any meeting of the Board shall be three.

15. The Board shall meet at such place as the Board may, from time to time, determine to be the most suitable for the discharge of its functions under the Act; and the Board may, from time to time, adjourn any of the meetings.

16. The proceedings of the Board shall not be invalidated by reason of the existence of any vacancy amongst the members or any defect in the appointment of any member.

17. Save as otherwise provided by these Regulations, the Board shall determine its practice and procedure.

18. This Order may be cited for all purposes as the Road Traffic Act (Advisory Body Regulations) Order, 1933.

Given under the Official Seal of the Minister for Industry and Commerce, this 26th day of September in the year One Thousand Nine hundred and Thirty-three.

(Sd.) JOHN LEYDON,

Secretary,

Department of Industry and Commerce.