Oireachtas Joint and Select Committees

Wednesday, 30 May 2018

Joint Oireachtas Committee on Transport, Tourism and Sport

Regulation of Rickshaws: Discussion

9:30 am

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

The Minister has said he does not want to be accused of rushing any legislation. In his over two years as Minister for Transport, Tourism and Sport he has brought forward two Bills. Therefore, no one will accuse him of rushing legislation. He can relax on that score. As far back as 2013 Dublin City Council tried to bring forward by-laws for rickshaws and we are still discussing the issue. In December 2017 my colleague, Deputy Imelda Munster, and I brought forward an amendment to the legislation that was going through. On 14 December 2017 the Minister said: "I appeal to the Deputies to withdraw their proposals at this point to allow the NTA to develop a comprehensive response and to introduce legislation under the right Act to regulate rickshaws." The Government tried to vote down the amendment, but, unfortunately for the Minister, or fortunately for those who were trying to have regulations introduced, we won the vote on it. Two months later I asked the Minister how plans were coming on for the regulation of the industry and the timeframe for commencing the regulations. He replied: "I share the Deputy's concerns about the need for regulation of rickshaws, but it would not be appropriate to commence Section 31 of the Road Traffic Act 2016 before (1) the legal position is clarified and (2) I have considered the NTA's proposals on an appropriate and robust regulatory framework for rickshaws." I asked again on 16 May 2017 and the Minister said: "I share the Deputy's concerns about the need for regulation of rickshaws and I hope to finalise my consideration of both the legal advice and the NTA proposals shortly." In July 2017 I again asked how things were coming along again and the Minister said:

I am proceeding with the drafting of the Heads of a Bill to provide for a new Part to be inserted into the Taxi Regulation Act 2013 exclusively for the regulation of rickshaws. The approach will, amongst other things, ensure that the relevant interactions with the existing legislative framework under the 2013 Act for small public service vehicles (taxis, hackneys and limousines) are properly integrated; the definition of 'rickshaw' will encompass all known types of rickshaw, in particular the most prevalent type of rickshaw in operation which has an electric motor which provides assistance to the person pedalling the rickshaw, and the principles and policies will be set out in primary legislation as to the matters which the NTA may provide for in regulations, thereby giving the NTA the necessary powers to regulate.

That was in July last year. At the beginning of this year, on 16 January, I asked how things were coming along. The Minister replied that it was his intention to progress the drafting of the heads of a Bill without delay. It is evident that there has been much procrastination within the Minister's Department. Meanwhile, both he and Deputy Noel Rock are right that there have been many unfortunate instances, that there has been criminal activity and that people have been put at risk by the lack of action by the Minister and the Department in prioritising this work. I am not convinced that an outright ban is the correct way to go. There is merit - judging by his replies to me in the past 18 months, the Minister thought there was merit - in bringing forward legislation. Last night on Wikipedia I looked at information on rickshaws. The first use of the term dates back to 1879. That is how long they have been in use across the world. If one looks at the section on their use in the 21st century, it states, "The 21st century has seen a resurgence in rickshaws, particularly motorized rickshaws and cycle rickshaws ... They are increasingly being used as an eco-friendly way of short-range transportation, particularly in urban areas".

Rickshaws are being used for tourism because of their novelty value as an entertainment form of transport. Rickshaws and trishaws are used in most large continental European cities, including Vienna, Copenhagen, Paris, Berlin, Frankfurt, Hamburg, Hanover, Budapest, Milan, Rome, Amsterdam, Oslo, Krakow, Saint Petersburg, Barcelona and Valencia. There are huge opportunities in this regad and the Minister's approach is lazy. What interaction has he had with the authorities in the cities where rickshaws are regulated? Without doubt, they need to be regulated. Operators need to be vetted and insured, the vehicles need to be roadworthy and operators need to be complaint in paying their tax as self employed people. There are many people, particularly students, who see them as an opportunity to supplement their incomes. An Irish company, Ecocabs Ireland, has invested in 12 eco-friendly cabs which are certified roadworthy, safe, fully insured and create employment for 20 people. The Minister needs to go back to the drawing board and to bring urgency to address of this issue. We know from reports in The Irish Timesand from the RTÉ "Prime Time" exposé that there are practices that need to be rooted out but we know also that there are huge opportunities here. If people had to pay a licence fee for such vehicles, that yield would cover the costs associated with same.

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