John Lahart (Dublin South West, Fianna Fail) | Oireachtas source

Deputy Troy has tabled an amendment or two on this as well, but it might be worth recording some background as to where we are coming from. I will summarise the two amendments we have put down on the regulation of rickshaws. No agency currently has the authority to regulate rickshaws. The NTA, which regulates small public service vehicles such as taxis or hackneys, cannot regulate them because a public service vehicle is defined as one which is mechanically propelled. The Minister provided feedback on his Department and Dublin City Council and set out that local authorities do not feel they have the authority to regulate or license rickshaws because they are not pedal-powered vehicles. This is aside from the other issues in relation to pay rates and lighting of vehicles, never mind their licensing. While Dublin City Council made draft by-laws to regulate rickshaws in 2013, these were withdrawn on legal advice. This is because the great majority of rickshaws are neither pedal-powered or mechanically-propelled, rather they are battery-assisted. This means that under current legislative definitions, they are not small public service vehicles or taxis, which are defined as mechanically-propelled vehicles. Hence, the National Transport Authority is not authorised to regulate them.

The amendments we are putting forward, in addition to those tabled by Deputy Munster, alter the definition of "small public service vehicle" to include battery-powered, pedal-powered and non-mechanically powered vehicles and seek to create a new category of public service vehicle now to be called "public service rickshaws". This includes all rickshaws including mechanically-powered, manually-powered and cycle-rickshaws. This would clean up the legal lacuna the Minister has mentioned and would mean the NTA would become the authorised body for regulating rickshaws nationally. The amendments also oblige the NTA to make certain regulations in respect of rickshaws. These include that rickshaws must be licensed, that drivers can be subject to background checks and that vehicles can be inspected for roadworthiness.