Paschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 241 and 242 together.

Currently, rickshaws are not specifically defined in law, nor is there any legislation to regulate carriage of passengers by these vehicles.  However, they are bound by road traffic legislation and must obey the rules of the road.

The recent Fixed Charge Notices introduced for cycling offences apply to rickshaws that  fall under the legal definition of pedal cycles.  Rickshaws that are powered solely by the physical exertions of the driver fall under the definition of pedal cycles for legal purposes.  Any rickshaw which is mechanically propelled on the other hand falls subject to the provisions of road traffic law relating to mechanically propelled vehicles.

Dublin City Council has written to me regarding the need to regulate rickshaws from a number of perspectives but primarily health and safety.  However its legal advisors have advised that the type and extent of regulation proposed would appear to go beyond what a local authority would usually wish to regulate by bye-laws under the Local Government Act 2001. The Council sought that provision be made through primary legislation to regulate the operation of rickshaws.

As it is a requirement that a Regulatory Impact Assessment (RIA) be prepared in respect of any proposal to Government seeking permission to regulate through primary legislation and given that rickshaws are a local matter, I have responded to the Council that it would be appropriate that the Council prepare a RIA. The purpose of the RIA is to establish more clearly the issues that need to be addressed and the kind of regulatory initiative that is most appropriate to deal with those issues. The RIA would include, amongst other things, an assessment of the measures that could be adopted within the existing bye-law making powers of local authorities and also help determine whether any proposal for primary legislation should be dealt with as a matter of road traffic legislation or local government legislation.

Any questions about progress in that regard might be directed to the Council.