I. GENERAL CONSIDERATIONS
History
6. In paragraph 6 of their Report the 1933 Committee outlined the history and evolution of this country’s system of traffic signs up to the passing of the Road Traffic Act, 1930, and we do not think it is necessary for us to say more on the subject.
Definition of, and statutory powers to prescribe and erect, traffic signs
7. In Section 48 of the Road Traffic Act, 1930, traffic signs are defined as including “all signals, warning signposts, direction posts, signs or other devices for the guidance or direction of persons using roads.”
Sub-sections (1) (2) and (3) of this Section as amended by the Road Traffic Act, 1934, read as follows:
(1) Subject to and in conformity with such general or other directions as may be given by the Minister a highway authority may cause or permit traffic signs to be placed on or near any road in their area.
(2) Traffic signs shall be of the prescribed size, colour and type, except where the Minister authorises the erection or retention of a sign of another character.
(3) After the commencement of this Act no traffic signs (other than traffic signs placed by a council or highway authority in pursuance of an obligation imposed by or under this Act or the Road Traffic Act, 1934) shall be placed on or near any road except under and in accordance with the preceding provisions of this Section.
Section 121 of the Act of 1930 provides that the word “prescribed” means “prescribed by regulations” made by the Minister of Transport under the Act.
The Acts of 1930 and 1934 required the Minister to make regulations prescribing traffic signs for use on roads. The Traffic Signs (Size, Colour and Type) Provisional Regulations 1933, dated 22nd December, 1933 (hereinafter described as the 1933 Provisional Regulations) which prescribe the majority of the signs now in common use, are still in force, although they have been supplemented from time to time by the authorisation of such further signs as experience or changing circumstances have shown to be necessary.
The number of these subsequent authorisations approaches 300, many of them relating to signs designed to meet the requirements of a particular site. We hope that our recommendations will lessen the need for further special authorisations and that any special new signs which may be considered essential will conform to the general principles which we lay down in this Report.
The effect of the directions which have been given by the Minister under sub-section (1) of Section 48 of the 1930 Act, quoted above, is as follows:
Warning and Informative Signs.—Signs authorised for general use may be erected at the discretion of the highway authority, subject to the direction that regard must be had to the recommendations made in respect of these signs in the 1933 Report.
Specially authorised signs may be erected only at the sites or in the areas specified in their authorisation, and with due regard to the recommendations made in the 1933 Report.
'Prohibitory Signs.—Signs authorised for general use may be erected only for the purpose of giving notice of the effect of a statutory Order, Regulation
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