Road Safety Authority Act 2006

1. Definitions.

1.— In this Act, save where the context otherwise requires—

“Authority” means Road Safety Authority established under section3;

“Board” means Board of the Authority;

“chief executive” means chief executive officer of the Authority;

“company” means a company established under the Companies Acts;

“driver testing service” means that part of the Department of Transport which carries out the function of the issuing authority under section 33 of the Road Traffic Act 1961 and the Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999);

“establishment day” means the day appointed by the Minister under section2 to be the establishment day for the purposes of this Act;

“local authority” has the meaning assigned to it by the Local Government Act 2001;

“Minister” means Minister for Transport;

“subsidiary” means a subsidiary established under section11;

“superannuation benefits” means pensions, gratuities and other allowances payable on or in respect of resignation, retirement or death.

2. Establishment day.

2.— The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

3. Road Safety Authority.

3.— (1) There stands established on the establishment day a body to be known, in the Irish language, as an tÚdarás um Shábháilteacht ar Bhóithre or, in the English language, as the Road Safety Authority, and in this Act referred to as the Authority.

(2) The Authority shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister with the agreement of the Minister for Finance, to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

4. Functions of Authority.

4.— (1) The Authority has such functions in respect of certificates of competency, test certificates and registration of driving instructors as conferred on it in accordance with the Road Traffic Acts 1961 to 2004.

F1[(1A) The Authority has the functions of a licensing authority within the meaning ofsection 21of theRoad Traffic Act 1961.]

(2) The Minister may by order confer on the Authority such functions of the Minister under section 2, 3, 4, 5, 7 or 9 of the Road Traffic Act 2002 or section 36(6), (7) or (8) of the Road Traffic Act 1961 as specified in the order and, accordingly, a reference to the Minister in a provision so specified or connected with it includes a reference to the Authority.

(3) Every function of the Minister conferred on the Authority continues to be vested in the Minister, but is so vested concurrently with the Authority and the Minister so as to be capable of being exercised or performed by either of them.

(4) The Minister may by order require the Authority to carry out any or all of the following functions:

(a) such advisory, executive, administrative and organisational functions as may be specified in the order in respect of driving and provisional licences (within the meaning of the Road Traffic Act 1961), standards related to the registration, construction, equipment, use, testing and examination of vehicles and their components and replacement parts, including standards for the type approval of new vehicles and vehicle components and standards for vehicles already in use; and

(b) the promotion of public awareness of road safety and of measures, including the advancement of education, relating to the promotion of the safe use of roads, including co-operation with local authorities and other persons in this regard.

(5) F2[…]

(6) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it.

5. Outsourcing of functions of Authority.

5.— (1) The Authority may, with the consent of the Minister with the agreement of the Minister for Finance, by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person, subject to such terms and conditions (if any) as may be so specified, of such functions assigned to the Authority as may be so specified.

(2) An agreement under this section may, in particular and without prejudice to the generality of subsection(1), make provision in relation to all or any of the following matters:

(a) the fees (if any) to be charged by the person performing a function in pursuance of the agreement on those in relation to whom the function is performed or on the person on whom the function was originally conferred;

(b) the payments (if any) to be made to the person on whom the function was originally conferred by the person performing the function in pursuance of the agreement; and

(c) the disposal of any such fees and payments as aforesaid.

(3) An agreement under this section shall operate, so long as it continues in force, to confer and vest in the person concerned, to the extent and subject to the terms and conditions specified in the agreement, the function so specified.

(4) A function conferred on a person by an agreement under this section shall be performable by the person in his or her own name but subject to the general superintendence and control of the Authority.

(5) A function referred to in subsection(4) shall, notwithstanding the agreement concerned, continue to be vested in the Authority but shall be so vested concurrently with the person on whom it is conferred by that agreement and so as to be capable of being performed by either of those persons.

(6) The conferral on a person by an agreement under this section of a function of the Authority shall not remove or derogate from the Authority's responsibility to the Minister for the performance of the function.

6. General duty of Authority.

6.— (1) The Authority shall—

(a) if requested by the Minister, provide such advice as may be appropriate in respect of any regulatory or other function vested in the Minister under the Road Traffic Acts 1961 to 2004 relating to vehicles, driver licensing, speed limits, and control of traffic,

(b) if requested by the Minister, represent the State at meetings with or arranged by, international organisations or governments of other states in so far as the meetings relate to matters to which the functions of the Authority relate,

(c) in carrying out its functions, promote the development and improvement of driving standards and in relation to the promotion of better driving standards may make such recommendations to the Minister as the Authority considers appropriate, and

(d) conduct its business at all times in a cost effective and efficient manner.

(2) The Authority shall have all such powers as are necessary for or incidental to the performance of its functions under this Act.

7. Road safety programmes.

7.— (1) The Authority shall prepare and submit to the Minister, at such intervals as the Minister determines, a comprehensive programme (in this section referred to as a “programme”) of measures for the enhancement of road safety and in particular for the reduction of fatalities and serious injuries due to road traffic collisions.

(2) A programme shall be accompanied by a statement of the resources, financial and otherwise, which in the opinion of the Authority are necessary to be expended by a State agency in the implementation of the measures contained in the programme.

(3) In preparing a programme the Authority shall consult with each State agency responsible for implementation of the measures contained in it.

(4) The Minister may approve of a programme submitted to him or her or may request the Authority to make such amendments to the programme as he or she specifies. The Authority shall comply with any such request. The Minister may approve of the amended programme re-submitted to him or her by the Authority.

(5) The Authority shall participate in such structures and in such a role for the oversight of the implementation of a programme as the Minister determines.

(6) In this section “State agency” means the Garda Síochána, a local authority, the National Roads Authority or such other person as the Minister considers appropriate.

8. Road safety information and statistics.

8.— (1) The Minister may direct the Authority to collect, compile, prepare, publish or distribute to such persons (including the Minister) such information and statistics relating to road safety and the functions of the Authority, as the Minister considers appropriate, for national or international planning, policy research and development, monitoring and reporting purposes and may specify any matter concerning the collection, compilation, preparation, publication and distribution of such data and statistics, as the Minister considers appropriate.

(2) The Minister shall consult the Authority, and may consult any other person he or she considers appropriate, before issuing a direction under subsection(1).

(3) For the purpose of facilitating the collection of information and statistics under subsection(1)the Authority may require a person who holds records relating to road safety or matters relating to the functions of the Authority, to give to the Authority such information and statistics in such form (including electronic form) and at such reasonable times or intervals, as the Authority specifies. A person to whom such a requirement is directed shall comply with the requirement.

9. Ministerial directions.

9.— (1) The Minister may give in writing to the Authority general policy directions in respect of the performance of its functions under this Act.

(2) The Authority shall comply with any direction given to it under subsection(1).

(3) Where the Minister gives a direction under subsection(1)—

(a) a notice of the giving of the direction and details of it shall be laid before each House of the Oireachtas, as soon as may be, after it is given, and

(b) a notice of the giving of the direction shall be published in the Iris Oifigiúil within 28 days of giving it.

10. Conferring of additional functions on Authority.

10.— (1) The Minister may, after consultation with the Authority, the Minister for Finance and any other Minister of the Government who in the opinion of the Minister is concerned, by order—

(a) confer on the Authority, such additional functions connected with the functions for the time being of the Authority or the services or activities that the Authority is authorised to provide or carry on (including functions of the Minister in relation to any directive, regulation or other act adopted by an institution of the European Communities or other international convention or agreement to which the State is or becomes a party, as the Minister considers appropriate), and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Authority of functions under this section or the performance by the Authority of functions so conferred (including provision for the transfer to the Authority of any property held by the Minister for the purposes of functions conferred on the Authority under this section).

(2) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

11. Establishment of subsidiaries by Authority.

11.— (1) The Authority may, either by itself or with another person, with the consent of the Minister and the Minister for Finance, and subject to any conditions of the Minister, promote and take part in the formation or establishment of a subsidiary to perform any of the functions conferred upon it by this Act.

(2) The Authority may exercise total or partial control of the board of directors, by whatever name called, of a subsidiary that controls or manages the subsidiary.

(3) The memorandum and articles of association of a subsidiary shall be in such form consistent with this Act as may be approved of by the Authority with the consent of the Minister and the Minister for Finance.

(4) A subsidiary shall make such reports and in such manner to the Authority as it may require.

(5) A subsidiary may enter into joint ventures with other persons.

(6) The chief officer of a subsidiary shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration) as may be approved of by the board of directors (or other authority, by whatever name called, that controls any such company) with the consent of the Minister and the Minister for Finance.

(7) The Minister may give a direction in writing to the Authority on any matter relating to a subsidiary and the Authority shall comply or, as may be appropriate, secure compliance with the direction.

(8) A direction under this section in relation to the disposal of any assets or surpluses of a subsidiary shall not be given without the consent of the Minister for Finance.

(9) In this section “subsidiary” means a subsidiary (within the meaning of section 155 of the Companies Act 1963) of the Authority.

12. Participation in companies by Authority.

12.— The Authority may, with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of shares or other interests in a company and become a member of a company.

13. Borrowing by Authority.

13.— (1) Subject to the consent of the Minister with the agreement of the Minister for Finance, the Authority or any subsidiary may, whether by means of the issue of debentures or otherwise, borrow money (including money in a currency other than the currency of the State) for capital purposes, including working capital, from persons other than the Minister.

(2) The Authority or any subsidiary may borrow money (including money in a currency other than the currency of the State) temporarily but the aggregate at any one time of such borrowings shall not exceed such amount as has been approved by the Minister with the agreement of the Minister for Finance.

(3) For the purposes of this section moneys borrowed in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed, such equivalent being calculated according to the rate of exchange at the time of the borrowing for that currency and the currency of the State.

14. Membership of Board of Authority and term of office of members.

14.— (1) There shall be a Board of the Authority.

(2) Members of the Board shall be appointed by the Minister.

(3) The Board shall consist of a chairperson and not less than 6 and not more than 11 ordinary members.

(4) Each member of the Board shall be a person who in the opinion of the Minister has wide experience and competence in relation to roads, road safety, transport, driver education and examination, industrial and commercial matters, local government, the organisation of workers or administration.

(5) A member of the Board shall not be eligible for re-appointment if he or she has served two consecutive terms as a member of the Board.

(6) The Minister, when appointing an ordinary member of the Board, shall fix such member's period of membership which shall not exceed 5 years and, subject to this section, membership shall be on such terms as the Minister determines.

(7) Such number, as decided by the Minister, of the first ordinary members of the Board appointed under subsection(2) shall hold office for a period not exceeding 4 years from the date of their appointment as determined by the Minister by lot.

(8) A member of the Board may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date of receipt of the letter by the Minister.

(9) A member of the Board shall be paid out of funds at the disposal of the Authority—

(a) such remuneration (if any) as may be fixed from time to time by the Minister with the agreement of the Minister for Finance, and

(b) such amounts in respect of expenses (if any) as the Minister with the agreement of the Minister for Finance may determine.

(10) A member of the Board may at any time be removed from membership of the Board by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

(11) (a) If a member of the Board dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Board who occasioned the casual vacancy.

(b) Subject to the other provisions of this section, a person appointed to be a member of the Board by virtue of paragraph(a) shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and shall be eligible for re-appointment for one further consecutive term as a member of the Board.

(c) The Authority may act notwithstanding a vacancy amongst its members.

(12) A member of the Board shall cease to hold and shall be disqualified from holding office if he or she—

(a) is adjudged bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, or

(d) is disqualified or restricted from being a director of any company.

15. Chairperson of Board.

15.— (1) The Minister shall designate one member of the Board as chairperson.

(2) The term of office of the chairperson of the Board shall be 5 years.