Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source

I move amendment No. 7:

In page 9, between lines 24 and 25, to insert the following:

“Amendment of section 38 of Act of 1961

14. Section 38 of the Act of 1961 is amended by the insertion of the following subsection after subsection (7): “(7A) Subsections (1), (2), (3), (4) and (5) shall not apply in relation to a mechanically propelled vehicle that is a bicycle or tricycle capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor—

(a) which has a maximum continuous rated power greater than 0.25 kilowatts but less than or equal to 1 kilowatt, and

(b) the output of which cuts off when the physical exertions stop and before, or when, the bicycle or tricycle reaches the speed of 25 kilometres per hour.”.”.

As part of promoting micromobility, last year, we legislated to clear up the confusion which many people found existed in the law on electric bikes. E-bikes have a great deal to offer as a means of mobility for many people and the lack of clarity in the law was proving to be a deterrent to their uptake. To address this, we brought in new legal definitions last year to set a clear dividing line between higher and lower-powered e-bikes. Under these new measures, we amended the definitions of a pedal cycle and tricycle in the Road Traffic Acts to include vehicles with an auxiliary motor with a continuous rate of power of 0.25 kW or lower, where the output of the motor cuts out when pedalling stops and where the output of the motor progressively reduces and cuts off before the speed of the vehicle reaches 25 km/h. These light e-bikes are therefore treated in the law as bicycles. They can go where bicycles can go, do what bicycles can do, and do not need tax, insurance or a driving licence.

Higher-powered e-bikes are, by contrast, mechanically propelled vehicles. They are, in effect, electric mopeds, and need a licence, tax and insurance. Since passing this legislation last year, it has come to our attention that there is a matter which needs to be rectified. There is a class of electric bike categorised as L1e-A in EU law. These e-bikes have a continuous rated power of up to 1 kW and therefore come above the threshold to be treated in law as bicycles. They are mechanically propelled vehicles in Irish law, which means they have to have registration and tax like other mechanically propelled vehicles. On the other hand, in EU law, they fall below the threshold for vehicles which require registration and tax. L1e-A vehicles are exempted under EU law from the requirement to have a driving licence. It is open to member states to require a driving licence for use of vehicles of this type but it is not necessary. If we required a licence for these particular vehicles, there would have to be a driver's test for them. The RSA has informed us that this could prove dangerous, as the vehicle undergoing the test would have to be accompanied by a vehicle with an examiner. The combination of two vehicles at slow speeds, which do not go above 25 km/h, could cause significant safety hazards.

Our difficulty here is that in the law as it stands, section 38 of the Road Traffic Act 1961 would require people to have a driving licence to drive an L1e-A bike. We are, therefore, amending that section to remove this requirement. We are also making two consequential amendments to sections 40 and 41 of the 1961 Act. These sections relate to a production of a driving licence to a garda and giving a signature to a garda in conjunction with verifying a licence when produced. Obviously, we need to make sure that these powers will not apply in the case of L1e-A bikes since they will not have a driving licence.