Apdi

CONSTITUTION


The constitution of the APDI (SW)
“Association of Professional Driving Instructors (South West)”

1. NAME
The name of the association is “The Association of Professional Driving Instructors (South West)” known as The APDI(SW) and hereafter to be referred to as the Association.

2. DEFINITIONS
In this Constitution, unless the context otherwise indicates,
"Member(s)” -All reference to Member’s shall mean a fully paid up individual who is a Registered Approved Driving Instructor.
“Honorary Members” – Those persons whom have been elected by the members of the Association.
“Affiliated Members” – Persons whom whilst not ADI’s are friends of the Association.
“Guests”- Any person or persons, who are not otherwise members, attending general meetings.
“MM” – Shall mean Monthly Meeting.
"AGM" - Shall mean the Annual General Meeting. To be held annually in conjunction with the November monthly meeting.
“EGM” – Shall mean Extraordinary General Meeting, the EGM will be held in conjunction with a Monthly Meeting.
"DVSA" -All references to the DVSA shall mean the Driving & Vehicle Standards Agency or other such body appointed by the government to oversee and manage Driver Training and Education.
"ADI" -All reference to ADI shall mean Registered Approved Driving Instructor.
“PDI” – All Reference to PDI shall mean Trainee or Potential Driving Instructor (PDI)
"Registrar" - All reference to the Registrar shall mean the body responsible for the registration and Licensing of Approved/Trainee Driving Instructors. Register and Registrar shall be construed accordingly.
"Funds" - All reference to Funds shall mean annual subscriptions and all monies and assets held in the name Of the APDI (SW).
“The Committee” shall have power to form any number of Sub Committees, consisting of the Association Members and/or Committee Members, for the purpose of any matter the Committee considers is of relevance To the association. This Sub Committee is to report to the whole Committee on a regular basis specified by The Committee. The Committee shall have the power to dissolve the Sub Committee at any time it sees fit.
“Posted or Posting” means notification by email to the last known email address of the member, or ending by mail to the last known mailing address, Notice shall be deemed to have been given two days After the date on which the notice is posted or given.

3. RESPONSIBILITY
The Association shall have responsibility and shall, through its elected representatives
(a) Be entitled to acquire, encumber or dispose of movable or immovable property.
(b) The Association shall continue in existence not withstanding changes in the composition of its Membership or the Committee.

4. OBJECTIVES
The objectives of the Association are:
(a) To promote, maintain and encourage a professional approach to all aspects of the driver training profession
(b) To work in accordance within the DVSA syllabus.
(c) To promote and foster sound working relationship between the Association, all relevant agencies and Associations.
(d) To make suggestions and recommendations to the relevant authorities for the promotion and Implementation of the Association’s objectives.
(e) To arrange services and workshops relevant to the Association’s objectives and members professional Development through all aspects of the profession.
(f) To promote good public relations for the benefit of members.


5. MEANS OF ACHIEVING THE OBJECTIVES:
In order to achieve the objectives of the Association, it may:
(a) Be affiliated to any Body if such affiliation could assist it in pursuing and attaining its objectives.
(b) Seek to engage such persons as are appropriate to the needs and resources of the Association.
(c) Enter into any contract and / or acquire such assets, as will serve the purpose of achieving these Objectives.

It is in the interest of all members to support the Association and its Committee in achieving these objectives.

6. ASSETS OF THE ASSOCIATION AND NON - PROFIT OBJECTIVES
The Association shall not engage in any transaction with a view to the pecuniary gain or profit of its Members. No single member shall have any personal claim on the income or property of the Association or Make any profit out of his or her membership, save where such a member is also duly appointed by the Association. The Association shall conduct its financial affairs through a banking account, there should be at Least two signatories selected from the committee.

7. MEMBERS and Membership of the Association
(a) Any person who has qualified as an ADI who subscribes to the objectives of the Association as set out in this constitution.
(b) The rights, duties and privileges of membership shall only become effective after payment of the relevant Annual subscription fee.
(c) To qualify for full membership the member shall be a Registered Approved Driving Instructor (ADI), holding a current Instructors Licence issued by the Registrar or has held such a License at any time During the preceding 12 months whilst at the same time having been a full member of the APDI (SW). An associate membership shall be granted to a trainee ADI (PDI) on full payment of the current annual subscription. Such membership shall only be valid for the duration of the Trainee licence.
(d) The Association, may, at its discretion, offer a previous Member an Honorary membership of the Association, subject to the vote of the members.
(e) The Association may, at its discretion, offer Affiliated Membership to a potential friend of the Association subject to a vote of its members.
(f) Affiliated Members shall be subject to re-election at each AGM.
(g) No member who is not currently an ADI shall enjoy voting rights within the Association.
(h) Membership of the Association is exclusively for fully qualified Approved Driving Instructors.
(i) Guests may attend Association meetings so long as they meet the requirements for full membership, or are undertaking training to meet those requirements.
(j) Guests may join the association after the meeting or there after subject to payment of their annual Subscription in full, so long as they agree to abide by the constitution, a copy of which is available to view on The Internet at www.apdi.info, the Association web site.

8. MEETINGS OF THE ASSOCIATION
(a) The AGM will be held directly prior to the November monthly meeting of the Association.
(b) Notice of the date and time for all meetings shall normally be the first Tuesday of each month but may be varied. The date and time of each meeting will be announced in the previous month’s minutes which will be Posted to each member at least seven days before the meeting.
(c) An EGM may be convened by the Committee or at the written request of at least five full members of the Association. The request to convene an EGM shall state the business to be considered at the meeting.
(d) All meetings of the Association shall be presided over by the Chairperson of the Association.
(e) In the absence of the Chairperson, all the powers and duties of the Chairperson shall devolve onto the Secretary, in whose further absence the said powers and duties shall devolve on a Committee member elected by the remaining members at the meeting.
(f) The presiding officer at any meeting shall have both a deliberative and a casting vote.
9. QUORUM FOR MEETINGS OF THE ASSOCIATION
The quorum for a meeting shall be two thirds of the members present at the meeting of the Association.

10. VOTING AT MEETINGS
(a) Only members of the Association may vote at any General Meeting of the Association.
(b) Voting shall be by show of hands or, if the meeting so decides by ballot.
(d) Except where otherwise provided in this Constitution all matters determined by vote shall be decided by a Majority of those present.
(e) The chairperson has the deliberative and a casting vote in any event of a tied ballot.

11. ANNUAL GENERAL MEETING
(a) The Annual General Meeting shall be held in November concurrent with the monthly meeting.
(b) The Committee for the ensuing year shall be elected at the Annual General Meeting
(c) The agenda for the Annual General Meeting shall include:
​(i) The notice of the Meeting
​(ii) Register and apologies
​(iii) Minutes of the previous Annual and Special Meetings
​(iv) The Chairperson’s report
​(v) The Secretary’s report
​(vi) The audited Annual financial statement
​(vii) Recommendation from the Committee
​(viii) Election of the Committee
​(ix) Election of Affiliated Members
​(x) Motions – any motion submitted to the Secretary by not later than two days prior to the meeting shall be considered

12. TERM OF OFFICE OF THE COMMITTEE MEMBERS
(a) The newly elected Committee shall take up its role at the termination of monthly meeting immediately following the AGM.
(b) Any person shall cease to be a Committee member if:
​(i) That member ceases to be a member of the Association; or
​(ii) That member is excluded or suspended from the Association; or Committee or that member misses two consecutive Executive Committee Meetings without advancing good cause and / or without giving written notice of such non-attendance to the Secretary, and, after having received written notice from the Secretary, misses a further meeting.

13. FUNCTIONS OF THE COMMITTEE
(a) The functions of the Committee shall be as follows:
(b) To convene meetings of the Association;
(c) To deal with matters of urgency;
(d) To co-opt any member of the Association to the Committee either generally or for a specific purpose;
(e) To conduct, generally, the affairs of the Association;
(f) To create and constitute such sub-committees as may be necessary for the better running of the affairs of the Association, which sub-committee shall report directly to the Committee;
(g) To open such accounts as are necessary for the better conducting of the affairs of the Association and to nominate the members who are permitted to draw upon such accounts;
(h) To make, amend and suspend rules and regulations for the Association in terms of paragraph 19 hereof.
(i) To recommend the annual subscription, payable by the members of the Association;
(j) To maintain discipline within the Association, subject to paragraph 16.
(k) To employ persons and / or other staff required for the furtherance of the objects of the Association.
(l) In the event of a vacancy on the Committee, the Committee may transfer the functions entrusted to the absent member to one or more of the remaining members of the Committee or to co-opt a member.

14. MEMBERS OF THE COMMITTEE
(a) The Committee shall consist of the no less than five and no more than seven members:
Chairperson
Secretary
Treasurer
Road Safety Officer
Training & Events Co-Coordinator
Up to 2 Officers of the Association with full Committee rights
(b) Such additional members as the Association decides, can be elected at an AGM or EGM if they are necessary for the efficient running of the Association.
(c) Any vacancy on the Committee may be filled at a meeting of the Association or by co-option.
(d) A person co-opted to the Committee shall have all the rights, including the right to vote.
(e) The number of co-opted persons may not exceed one third of the members of the Committee.
(f) Only members of the Association may be co-opted to the Committee.
(g) The term of office of a co-opted person shall not exceed that of the Committee.
(h) No member of the Committee shall simultaneously be an employee of the Association.
(i) Non committee posts, which are required to the effective running of the Association
2 inspectors of the annual accounts.
(j) The Chairman shall be a member, other members of the Committee may be Members or
Honorary Members. Non Committee posts may be Members or Honorary Members

15. MEETINGS OF THE COMMITTEE
(a) All meetings of the Committee shall be presided over by the Chairperson. In the absence of the Chairperson, all the powers and duties of the Chairperson shall devolve on the Secretary, in who’s further absence the said powers and duties shall devolve on a member elected by the remaining members of the Committee, during such absence.
(b) The Chairperson may convene a meeting of the Committee whenever he or she deems it necessary.
(c) The Chairperson shall sign every approved amendment to this Constitution, a copy of which shall be contained in the Association’s Minutes.
(d) Meetings shall normally be held monthly.
(e) The Secretary shall give notice of the Committee Meeting to all its members.
(f) The quorum for a meeting of the Committee shall be two thirds of the Committee.
(g) Every decision of the Committee shall require a vote, with a simple majority of the members present voting in its favour, the chairperson having the casting vote in the event of a hung ballot.
(h) A meeting of the Committee shall also be convened at the request of any two of its members.
(i) In the event of a matter of urgency arising between meetings of the Committee, such a matter may be attended to by the Chairperson, in conjunction with any or all of the Committee Members affected by such decision, provided that any action taken or decision made shall be ratified by the Committee at the next meeting of the Committee, failing which any decision shall lapse.
(j) In the absence of the required quorum at any meeting, the business of the meeting may be conducted without the necessary quorum, provided that the minutes of the meeting is posted to all the Committee Members within seven days of the meeting. On posting, such matters as are reflected in the said minutes shall be considered to have been dealt with by the Committee. In the event that the said minutes are not posted in the specified time, such a meeting shall be deemed to have not been held and all decisions taken there at shall be void.

16. DISCIPLINE
(a) The Committee shall have the power to take such steps as it may deem fit against any member who fails To comply with, or contravenes this Constitution, any regulations or rules of the Association, any resolutions Adopted and rulings made by the Association or the Committee, and in general to take steps against any Member, whose actions, or lack of action in its sole opinion are detrimental to the best interest of the Association.
(b) The Committee may delegate its powers in terms of this paragraph to a Sub Committee, established from Time to time, or for a specific purpose.
(c) The Committee may issue rules as to procedures to be observed in the conduct of hearings, the right to Appeal and other matters that it deems necessary or expedient to achieve the objectives of this paragraph.
(d) The term “such steps” in paragraph 16(a) shall include expulsion, suspension and reprimand.

17. SUBSCRIPTIONS
(a) An annual subscription, payable by all members of the Association eligible to pay a subscription, may be fixed and varied by the Committee.
(b) All subscriptions levied shall be subject to the approval of the Association at an AGM or at an EGM.
(c) Membership renewals paid for on or before 31st December shall receive a ´prompt payment´ discount of £5.00.
(d) New members joining on or after 1st June shall receive a 50% discount on the annual membership. This facility shall not be extended to persons who were members during the previous membership year.
(e) Any member who fails to pay the subscription or any other debt to the Association within the time period laid down by the Committee shall be regarded as not being in good standing and shall cease to enjoy the rights of membership of the Association until such debts have been paid.

18. FINANCIAL YEAR
The financial year of the Association shall run from the first day November to the last day of October of the Following year.

19. RULES AND REGULATIONS
(a) The Committee may make such rules for the Association as it deems to be in the interest of the control And the management of the Association.
(b) The Committee may, in the interest of the Association, amend or suspend the rules.
(c) Any rule made by the Committee shall not be inconsistent with this Constitution.

20. CONSTITUTION
(a) A copy of the Association’s approved Constitution shall be kept in the Association’s Minute Book and posted on the members section of the Association website.
(b) Any amendments to this Constitution shall be considered only at an AGM or EGM of the Association in accordance with the provisions of this clause.
(c) At least seven days’ notice must be given of the meeting at which an amendment of this constitution will be considered.
(d) The quorum of a meeting at which an amendment to the Constitution is to be considered shall be the same as for meetings subject to paragraph 9 herein above.
(e) Any amendments to this Constitution require a vote in favour there of at least two thirds of the members present and voting at the meeting.
(f) After the amendment has been approved it shall entered in the copy of the Constitution in the Minutes of The Association under the signature of the Chairperson of the Association.

21. DISSOLUTION OF THE ASSOCIATION
(a) Should the Association be unable to achieve the objectives for which it was formed, the Committee shall call an EGM for the sole purpose of deciding whether to continue with the Association.
(b) At least 14 days’ notice of such a meeting shall be given and the notice shall state the purpose of the meeting.
(c) At such a meeting a decision may be taken by at least two-thirds of those present to dissolve the Association.
(d) Should such a decision be taken, the meeting shall if necessary appoint a receiver, who may or may not be a member of the Association, to wind up the affairs of the Association.
(e) Once the receiver has finalised the winding up of the Association, it shall cease to exist. Any asset remaining after all the Association’s liabilities have been met will be transferred to St. Luke’s Hospice Plymouth.



This Constitution was adopted by the Association at an EGM on Tuesday 1st April 2014.
It was amended by the Association at the AGM on Tuesday 4th November 2014.
It was further amended by the Association at the AGM on Tuesday 3rd November 2015.
It was further amended by the Association at the AGM on Tuesday 7th November 2017.

Apdi


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