Ms Maev Nic Lochlainn:

I convey the sincere apologies of the Minister for Transport, Tourism and Sport, Deputy Ross, who is, unfortunately, unable to attend today because of another engagement. I am here to assist the joint committee in its consideration of the general scheme of the Taxi Regulation (Amendment) (Rickshaw) Bill 2018 as submitted recently to and approved by the Government for publication and drafting by the Parliamentary Counsel in the Office of the Attorney General.

The Minister is very pleased with the support the general scheme of the Bill has received so far and believes it will have positive impacts both for the rickshaw sector and general public alike. As members know, a key role for him is developing robust legislation to underpin vehicles used for the carriage of passengers for reward. As the committee is probably aware, under the Taxi Regulation Act 2013 which was passed into law in 2013, the National Transport Authority, NTA, is the independent regulator of the taxi, hackney and limousine sector. Technically, they are known under the legislation as small public service vehicles, SPSVs. The 2013 Act sets out new rules and arrangements for licences for small public service vehicles such as taxis. As we all know, taxis and taxi drivers must be fully licensed. As regulator, the NTA sets the standards and requirements for the sector which include rules for vehicle standards, the suitability of drivers and insurance requirements. It could be said Ireland’s regulation of taxis exemplifies best practice in public safety and consumer protection.

We are all aware that a wide range of public concerns have been raised about rickshaws. The committee has discussed the dangers posed them on the streets and concerns have been expressed about the public safety issues that have been reported, particularly reckless driving and other unlawful behaviour.

While there have been connections made between rickshaws and drug dealing, it would be unfair to say this type of behaviour applies to all who currently work within the sector. It is a concern, however, and it is not acceptable that it continues.

As the committee will remember, last year the NTA was tasked with conducting a public consultation on rickshaws. The NTA’s subsequent report showed that 95% of those surveyed wanted rickshaw operators to have appropriate liability insurance, 86% wanted rickshaw drivers to be Garda vetted, while 95% wanted rickshaw vehicles to be required to complete a roadworthiness inspection.

With this in mind, it is intended to give powers to the NTA to introduce a licensing regime for non-motorised rickshaws only. The framework for this licensing regime will largely mirror that which is in place for taxis. First and foremost, this will ensure that all drivers and vehicles are vetted and registered. The NTA will be also able to set mandatory insurance requirements. The Minister believes this option will greatly reduce risk and significantly improve passenger and public safety, and enhance customer experience.

The Department met with a number of stakeholders to discuss the shape and practicalities of the future regulatory approach for rickshaws, including representatives from a number of relevant local authorities and the NTA, and broad agreement was indicated with the regulatory direction proposed. The Minister is appreciative of the input and assistance provided by stakeholders on the matter.

A few months ago, it was discussed with the committee that rickshaws can be either motorised, pedal powered or pedal assisted. The Bill will provide for the licensing of certain non-motorised vehicles carrying passengers for reward. In the case of rickshaws, this means that only pedal-powered and pedal-assisted rickshaws operating for the carriage of persons will be licensed. Non-motorised rickshaws are capable of achieving speeds of up to only 25 km/h. As it is recognised that vehicles travelling at lower speeds can lead to lower risks, the Bill will allow only the slower, pedal-type rickshaws to be licensed. It is anticipated that this approach should help to reduce risk. It is proposed that the faster, motorised rickshaws will not be licensed or permitted to be used for the carriage of passengers for reward in Ireland. Licensing slower rickshaws only will promote greater safety. Furthermore, it is expected that the licensing of these greener rickshaws will help improve the ambiance of our city centres, bringing further benefits for tourism and local businesses, which was an issue raised by many of the committee members on the last occasion when the Minister appeared before them to discuss rickshaws.

The committee was previously informed about specific enforcement issues involving rickshaws. With a motor attached, the rickshaw is a mechanically propelled vehicle and subject to certain road traffic laws like any car. Detaching the motor transforms it into a pedal-powered vehicle which is regarded as a bicycle and which is treated very differently under road traffic law. This is challenging for enforcement since it is difficult to be certain about the type of vehicle involved in advance of taking any enforcement action.

To address this, the heads of the Bill make provision for the detention of any rickshaw where an enforcement officer is of the opinion that it could be a motorised rickshaw carrying passengers for reward. After detention, the authorities would be able to establish the vehicle type and prosecute if appropriate or, if no offence has been committed, return the vehicle to its owner. The committee will agree that these measures will facilitate decisive enforcement. Effective enforcement is central to the success of any licensing regime.

To provide for improved public safety and passenger experience, the draft heads include a number of licensing and enforcement provisions, addressing broad themes including vehicle checking and registration, driver vetting and registration, requirements for insurance and fair regulation. As mentioned, these provisions are largely reflective of existing provisions for the regulation of taxis under the Taxi Regulation Act, which was passed by the Oireachtas and signed into law by the President five years ago. As such, the Taxi Regulation Act 2013 constitutes modern legislation and is regarded as a helpful foundation as we move to introduce regulation for rickshaws, a sector also responsible for the carriage of passengers for reward. The intention is that the NTA will be able to move quickly to introduce the new licensing regime and to address the concerns expressed.

For rickshaw drivers, this will mean they will need to apply for a licence to work as a driver in the sector. As with taxi driver licences, the rickshaw driver licensing application will also involve applying for Garda vetting. The rickshaw vehicle itself will need to be licensed and comply with any vehicle regulations set by the regulator. The end result should be a regulatory regime for rickshaws that is as successful and robust as that which applies to the taxi sector.

As committee members will know, the Railway Safety (Amendment) Bill, discussed earlier this year, seeks to provide that railway safety critical workers will be subject to the same rules regarding alcohol limits and other intoxicants as “specified persons” under road traffic legislation. This category in road traffic legislation includes professional drivers on the road, such as drivers of buses, taxis or road haulage vehicles. The general scheme intends to ensure that licensed rickshaw drivers will be also recognised under statute as “specified persons” and that they will be subject to the same strict provisions for alcohol limits and other intoxicants as other professional drivers on the road. I am sure the committee will agree including these provisions is important, since a stricter approach in respect of drugs and alcohol for rickshaw drivers will help to ensure increased safety for passengers and other road users.

The draft heads will also amend provisions under the Taxi Regulation Act 2013 which relate to fixed payment notices. These are fines imposed by NTA enforcement officers on taxi drivers who commit certain offences. Under the new provisions, rickshaw drivers will be also subject to such fines. Furthermore, the amendments in the general scheme will modernise certain provisions for fixed payment notices to mirror the provisions set out under road traffic legislation for fixed charge notices as imposed by An Garda Síochána.

As I said, the intention of the draft general scheme is to improve public safety and enhance passenger experience for rickshaw drivers and rickshaw passengers. The Minister welcomes the broad support he has received to date and it is hoped the Bill will progress through the Houses without delay. I thank the Chairman for inviting me to make this presentation and look forward to hearing the views of the committee.