Brendan Griffin (Kerry, Fine Gael) | Oireachtas source

We can sometimes talk down our city and I do not think we should do that.

I thank Deputy MacSharry for bringing this Bill before the House, which proposes to regulate the use of e-scooters and provide for their safe use on Irish public roads and streets. While I can state that the Minister, Deputy Ross, appreciates the broad thrust of the Bill in that respect, rather than opposing the Bill outright, he is proposing to table a timed amendment to the motion that the Bill be now read a Second Time to allow three months for the consideration of the outcome of the current public consultation process, which concludes at the beginning of next month. Following that consideration, should the Minister decide to legislate for the safe use of these mechanically propelled vehicles on public roads or in public places, any necessary amendments to existing legal provisions will be identified and the necessary legal advice obtained in respect of such amendments.

One of the difficulties in proposing amendments to road traffic legislation is that such amendments can never be constructed and put forward in isolation from other existing provisions, particularly when it comes to key road safety measures such as intoxicated or dangerous driving offences. This is an important consideration to be borne in mind when reading Deputy MacSharry's Bill. The Bill aims to amend a key cornerstone provision in road traffic law, namely, the definition of a "mechanically propelled vehicle", to allow for the use of e-scooters on public roads and in public places. However, in doing so, the Bill inadvertently removes certain necessary legal obligations that give protection to other road users from the misuse of these vehicles, such as using an e-scooter while intoxicated or in a dangerous or careless manner. This would be the end result of the proposed amendment contained in section 2.

Is it the Deputy's intention, through this Private Members' Bill, to try to define an e-scooter and then allow for its use on a public road or in a public place without any restriction or prohibition being applied under existing road traffic law? The media coverage of this Bill claims that it will provide for a fine of €2,500 for users of e-scooters exceeding a speed limit of 25 km/h. There is no such speed limit provided for in legislation. This section is silent on where such a restriction may be applied. Perhaps the Bill is intended to cover a maximum vehicle speed limit of 25 km/h. However, that is not achieved by section 4 either.

In attempting to impose a maximum speed restriction on e-scooters, notwithstanding that the Bill defines such vehicles as having a design speed of 35 km/h in section 1, it proposes to impose that maximum speed restriction through a requirement in section 3 "to bear a speed limitation device which limits the scooter to speeds of 25 kilometres per hour". In the ordinary meaning of the word "bear", this means that such a vehicle will be required to "carry" such a device but the Bill is silent on any requirement regarding its use. It is also noted that no offence is proposed for using the vehicle without having such a device on it.

The restatement of section 51A of the Road Traffic Act 1961 at section 6 of the Bill dealing with driving without reasonable consideration is yet another example as to why the Minister cannot accept the Bill as drafted. The inclusion of such a provision in this Bill would seriously undermine the existing important provision in respect of such behaviour, and in doing so, however, actually fail to include e-scooters. I doubt that any of these consequences were intended by the Deputy. They are what we would call unintended consequences that would arise as a result of the Bill being implemented as it is.

As Deputy MacSharry will be aware, the use of e-scooters and suchlike vehicles, commonly referred to as powered personal transporters, PPTs, is an issue being examined by the Minister along with his officials. They are not alone in that regard as many other member states across the EU and other international jurisdictions are trying to address the sudden proliferation of such vehicles in their respective cities and provide for their safe use. This is not a straightforward task by any means.

At this point, the Minister and I would like to make it very clear that the use of such vehicles on public roads and in public places in this country is currently strictly prohibited. Despite some claims to the contrary and inaccurate references to a legal grey area, that position has been clarified on a number of occasions, including a public notice to retailers regarding such vehicles. This reflects the approach taken in a number of other countries, including the UK.

To be better informed when making a decision as to whether the Minister should legislate for the use of such vehicles in this country, in November last year he tasked the Road Safety Authority, RSA, with carrying out research into the use of PPTs in other countries and the implications for their interaction with other vulnerable road users along with other, what be termed normal, vehicular traffic.

The RSA commissioned the Transport Research Laboratory, TRL, Limited in the UK to carry out the required research. Notwithstanding the lack of robust evidence available to the researchers, because e-scooters and such vehicles are emerging around the world as new and innovative forms of personal transport at this time, the key findings were that there was no clear universal consensus and much confusion as to how to approach the issues surrounding PPTs, and there was significant variation in how different countries are regulating for their use. Obviously, there cannot be a one-size-fits-all way of regulating the use of these vehicles since each jurisdiction has its own road traffic laws.

Ireland is not unique in its attempts to legislate for this relatively new transport phenomenon. Many other jurisdictions have attempted to legislate for their use, with some reverting to an outright ban following fatalities and serious injuries. The RSA and TRL have recommended that the legislation be amended but with significant caveats being applied, including the promotion of the use of helmets and other protective equipment, the need to provide training for the operators of these vehicles, and clarification as to who can legally use the vehicles, including age restrictions and possible licence requirements. I need not remind the House that a valid licence is but one of the requirements for driving a mechanically propelled vehicle.

However, recognising that the reviewers encountered significant difficulties in carrying out their research due to a lack of robust evidence being available at this time, the Minister initiated a two-month public consultation process, ending on 1 November, to investigate from a purely Irish perspective the conditions under which e-scooters and such vehicles might be legalised. I urge Members and anybody watching this debate to contribute to that process. I think there have been more than 600 submissions to date. The closing date is 1 November. People can make submissions through the Department's website. Making any decisions in advance of the completion of the consultation process would be unfair to the contributors. The Minister firmly believes that the submissions from the public consultation process will assist in providing a clear understanding of these issues. It is essential that the process be allowed to be brought to a conclusion and to give the appropriate respect to those who have gone to the trouble of making submissions.

That is not to say that a decision to legislate for their use can be done in isolation of careful consideration both in terms of other road users and the impact of any such amendment on existing legislation. I note that the Deputy is reported in the media as saying that his party is open to amendments to this Bill from other parties. This is important given some of the concerns I have outlined regarding the robustness of the Bill.

In saying all that, the Minister recognises the role that such vehicles can play in terms of dealing with traffic congestion and climate change issues. The question remains, however, whether that role can be undertaken in a safe manner. Providing for certain prohibitions and restrictions in road traffic legislation permits enforcement where irresponsible and unsafe usage arises. Such enforcement is used to change behaviour and make our roads safer for all.

As I am sure the Deputy is aware, any amendments to road traffic legislation involving the introduction of new road traffic offences will require changes to the existing administrative supports, such as amendments to the Garda IT systems, to include those offences. However, in responding to the Bill before us today, I am obliged to point out to the Deputy that such changes will incur costs to the Exchequer and will have implications for this Bill. Accordingly, should the Minister decide to legislate for the use of these vehicles on our roads, he can address the necessary amendments to the Road Traffic Acts, in consultation with the Office of the Attorney General, through a Committee Stage amendment of the current road traffic (miscellaneous provisions) Bill 2019. As that Bill is planned for publication before the end of the year, he proposing to table a timed amendment within a three-month timeframe.

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