Peter Fitzpatrick (Louth, Independent) | Oireachtas source

I welcome the opportunity to speak today. I raised the issue of electric scooters on Leaders' Questions recently. This issue is becoming more serious as more electric scooters are used on our footpaths and roads. At present, electric scooters are not regulated in Ireland, with no specific law covering their use. They are considered mechanically propelled vehicles which should mean if they are used in public places, the user must hold a licence and insurance. I welcome the introduction of this Bill today, which will create a new classification in law of powered personal transporters, which will include electric scooters, and will legally allow their use in public places. The Bill will classify electric scooters as powered personal transporters with a minimum design speed of 6 km/h and a maximum speed of not more than 25 km/h. Local authorities will be afforded the power to set a lower speed limit of 20 km/h for electric scooters on specific roads. I note it would be an offence under the Bill to supply an electric scooter to a person under the age of 16 years and to drive an electric scooter while using a mobile phone or entertainment equipment. It would also be an offence for anyone travelling on an e-scooter to carry another person.

I welcome many of these provisions introduced in this Bill, but I also have a number of questions. Many e-scooters in use at present can travel at speeds in excess of 25 km/h. How will the introduction of these laws affect these devices? I have seen electric scooters travel at speeds in excess of 25 km/h on our roads and footpaths. The use of electric scooters has become increasingly popular in Ireland. This is evident in Dundalk, where it is common to see electric scooters on our roads and footpaths. It is one of the most frequently raised issues in my constituency offices. Many people, particularly pensioners, are concerned about the safety of these devices and the fact they can travel so quickly on our footpaths. It is clear their use is an accident waiting to happen. Somebody will be seriously injured our worse. I take no issue with electric scooters once they are used in a responsible manner with other road and footpath users respected. The major issue I envisage with the use of electric scooters is that in many instances users do not respect the rules of the road. We often see users of electric scooters travel through red lights or cut across traffic in towns, thereby putting other road users and pedestrians in danger. The use of electric scooters should be classified in the same way as the use of motorbikes under the cubic capacity of 50 cc and the same rules and regulations should therefore apply.

Far too often, the users of e-scooters have no understanding of the rules of the road. There must be a form of driver licence required to ride an electric scooter. Let us consider the situation in which a person on an electric scooter travelling on a road approaches a pedestrian crossing. In theory, the person must stop to allow another electric scooter user to cross the road. Insurance should be required to use electric scooters in public places or roads. If an electric scooter user hits a pedestrian on a footpath or on the road and causes him or her serious injury, who would be at fault for insurance purposes? How would the injured party be protected in this circumstance? If an electric scooter hits and damages a motor vehicle, how would the motor vehicle owner receive compensation for the damage done to his or her car? These are questions that need clarification. One can be sure these issues will arise and major problems will emerge as a result. The bottom line is that scooters travelling at 25 km/h have to potential to cause serious damage to other people and vehicles, while not required to have insurance. This is an issue we must address.

I note it will be an offence to supply an electric scooter to anyone under the age of 16 years, which again leads to many questions. To get around this obstacle, parents or other adults might buy the scooters. Will the parents who buy these scooters for under 16-year-olds be held responsible? Will this also be an offence for a child under 16 years?

One only has to look to any second-level school in the evening to see how many pupils are using electric scooters. Not all of these users are over the age of 16. What will happen to them now? Clarity is needed. Another issue that needs clarification is the proposed offence of using an electric scooter while using a phone or entertainment equipment. The vast majority of the users of these scooters usually wear headphones of some sort. This is a major distraction and should not be allowed. People who are riding an electric scooter and using headphones at the same time cannot be fully aware of their surroundings. Will it now be an offence to wear headphones while using an e-scooter?

I welcome the introduction of the provision making it an offence for users of electric scooters to carry another person. I have seen two people on the same scooter many times and to say that this is reckless is an understatement. Travelling at speeds of up to 25 km/h with two people on an e-scooter is extremely dangerous not only to the users, but to other road users and pedestrians.

I welcome the fact that we are finally getting around to introducing legislation to address the use of electric scooters. There are still too many questions to be answered. The Minister for Transport stated recently: "These proposals in the Bill should be seen as part of our wider efforts to encourage alternative forms of mobility, reduce our culture of reliance on the private car and open opportunities for active and healthy travel." While I agree with this statement in principle, we must not allow travel to become more dangerous. If we do not introduce proper rules and regulations regarding the use of e-scooters, this will happen. The use of e-scooters will not encourage safer driving. In fact, the opposite may be the case.

A number of areas need to be looked at more closely. A licensing system should be in place to show that users of e-scooters have an understanding of the rules of the road. It is simply not right that people with no previous experience of the road can use an e-scooter that has the potential to travel at speeds of up to 25 km/h without demonstrating that they have knowledge of the rules of the road. Insurance should be mandatory. How can we have a system in which one set of road users are legally obliged to have insurance while another set, the users of e-scooters and similar vehicles, are not? As I said earlier, who is responsible for the damage caused by e-scooters?

A Dutch company called Dott, which supplies e-scooter services in 16 cities, has stated that various measures should be implemented for users of e-scooters. These include the introduction of a minimum age of 16 and an upper speed limit of 25 km/h, a ban on the use of e-scooters on footpaths and mandatory insurance. I am pleased that some of these measures are being addressed but the most important ones are not being addressed, that is, insurance and the use of e-scooters on footpaths.

It is important that we also discuss the enforcement of these new regulations. How exactly will they be enforced? If a group of teenagers, all under the age of 16, leave school on their e-scooters, will An Garda Síochána be in a position to enforce the law? There will be many instances in which these regulations with regard to e-scooters are broken. The law will simply be unenforceable. We need to be aware of this and provide realistic solutions.

I will quickly comment on the other measures being introduced in this Bill. I welcome the introduction of laws to deal with the dangerous and antisocial use of scramblers and quad bikes. I also welcome the amendment to existing legislation to provide a robust underpinning for the motor insurance database, which will go towards combating the issue of uninsured drivers. The strengthening of the link between driver licensing and vehicle ownership records will enhance law enforcement capabilities with regard to traffic offences.

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