Kevin O'Keeffe (Cork East, Fianna Fail) | Oireachtas source

I move amendment No. 15:

“Regulation of Rickshaws

38. Section 3 of the Principal Act is amended by—(a) substituting the following for the definition of “public service vehicle”:

“ ‘public service vehicle’ means a mechanically propelled, battery assisted, pedal propelled or non-mechanically propelled vehicle used for the carriage of persons for reward;”

and(b) inserting the following new definition:

“ ‘public service rickshaw’ is not a large public service vehicle that is battery assisted, pedal or non-mechanically propelled;’’.”.

At present, no agency or public body has the authority to regulate rickshaws. The NTA, which regulates small public service vehicles such as taxis and hackneys, cannot regulate them. This is because a public service vehicle is defined as a vehicle that is mechanically propelled. Dublin City Council and other councils feel they do not have the authority to regulate unlicensed rickshaws because they are not pedal powered vehicles. While Dublin City Council made draft laws to regulate rickshaws in 2013, these were withdrawn on legal advice.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 but are battery assisted. This means under current legislation definitions that they are not small public service vehicles, which are defined as mechanically propelled vehicles. Therefore, the NTA is not authorised to regulate them.

This amendment proposes to alter the definition of small public service vehicles to include battery powered, pedal powered and mechanically powered vehicles. It would create a new category of public service vehicle called public service rickshaws. This includes all rickshaws, including mechanically powered, manually powered and cycle rickshaws. It will clear up the legal lacuna and means the NTA will be the authorised body for regulating rickshaws. The amendment will also oblige the NTA to make certain regulations in respect of rickshaws. These include that rickshaws have to be licensed, that drivers can be subject to background checks and vehicles can be inspected for roadworthiness.

The Acting Chairman, Deputy Durkan, travels Dublin city these days and nights. We have these rickshaws travelling our streets, footpaths and roadways. They do not seem to be properly regulated and even go onto footpaths. Traffic safety problems can arise as a result of their lighting and how they operate. I ask for this amendment to be allowed.

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