Dáil debates

Wednesday, 16 October 2019

Road Traffic (Amendment) (Use of Electric Scooters) Bill 2019: Second Stage

 

4:45 pm

Photo of Brendan  RyanBrendan Ryan (Dublin Fingal, Labour) | Oireachtas source

E-scooters are increasingly found in many US and European cities. Ireland is proving no different. My daughter recently returned from two weeks of inter-railing across Europe, and she spent much of that time exploring cities on e-scooters. She said that everyone, even men in suits going to work, used them and that they are a magnificent way to get around. The company operating the scooters in some of these cities uses an app through which one locates and scans a vehicle, and off one goes. This particular company has a presence in almost every US state, as well as cities in Austria, Belgium, the Czech Republic, France, Finland, Denmark, Germany, Greece, Hungary, Italy, Poland, Norway, Romania, Sweden, Switzerland, Spain, Portugal and the UK. Many people, from tourists to commuters, use e-scooters as a cheap, convenient and green alternative to bikes or cars. As such, their existence in Ireland is not reversible, and will only increase.

Many people already own these scooters, and their practicality renders any ban unrealistic. However, regulations are necessary to ensure that they are used in a way which maximizes their potential without endangering their riders or anyone else already on the roads. These regulations are coming somewhat late to the game in light of the popularity of e-scooters. Not only do we need to retroactively pass legislation such as this Bill to address the current situation of e-scooters in Ireland, but we also need to work under the assumption that use of these scooters will continue to increase in the future. This Bill would establish speed limits, require devices to limit speed, require riders to wear helmets, and restrict driving conduct in public places, all of which would be enforced through fines. While this Bill creates some necessary safety guidelines, potential grey areas remain, such as what constitutes reasonable consideration for other persons when using an e-scooter in a public place. Additionally, the Bill does not address potential safety concerns regarding e-scooter visibility.

This amendment is a start in establishing workable safety measures for e-scooters. However, as has been acknowledged, the existence of these scooters is irreversible and they will only increase in the foreseeable future. Thus it behoves all parties involved, including e-scooter users, other road users, and the Garda to have clear and specific regulations in place regarding e-scooter conduct and safety. That said, it must be acknowledged that both the Government and the Road Safety Authority have been working on this issue. The Transport Research Laboratories, TRL, limited review of current practice and safety implications of electric personal mobility devices, which was published earlier this year, states:

Despite the limited direct evidence, it is clear these devices have potential benefits for active travel and possibly for improving air quality and reducing traffic congestion. In most countries there is increased uptake by users, regardless of the legal situation, and little enforcement of any regulations that exist and hence an outright ban would be both counterintuitive and impractical. Prohibition without justification is generally held to be unsustainable.

The report also states:

The key finding from the case study investigation was that there is no clear universal consensus – and much confusion - as to how to approach the issues surrounding powered transporters and there is significant variation in how different countries are regulating their use. In the absence of clear evidence on which to base detailed legislation, it is recommended that powered transporters should be allowed for use in certain circumstances, with a controlled and considered roll out to mitigate against potential negative safety implications.

In the aftermath of this report, the Department has opened a public consultation on the matter. It has been live since 1 September and closes two weeks from now on 1 November. We should let this consultation run its course and examine its findings. The Bill seeks to marginally jump the gun on this process. It is better to wait for the outcome of the consultation. The Labour Party will support the Government amendment as being a reasonable response. I am confident that the House will find a reasonable consensus on the regulation of e-scooters and similar vehicles. We should allow the public consultation to be completed. Then we can take up the next Stage of the Bill at the appropriate time. Fianna Fáil has suggested that this is kicking the can down the road. To some extent, I agree. Normally, I would not find such an approach acceptable. However, in this case, the Bill will have been deemed to have passed Second Stage in three months’ time when the public consultation will have been completed. The Labour Party is happy with that arrangement.

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