Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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We will move on to a somewhat different item. Deputy Rock wishes to discuss proposals for legislation or regulations in respect of electric scooters. Does the Deputy have an electric scooter?

Noel Rock (Dublin North West, Fine Gael)
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Yes, I do.

I have been raising this issue by way of parliamentary questions for a year now. The Minister, as well as every other Member who represents an urban constituency, will be well aware of the explosion in popularity of this form of transport in Ireland and across Europe. There is no question that this is the way of the future for environmentally sustainable transport and for integration with public transport. I tabled a parliamentary question in July 2018 in respect of electric scooters and the Minister replied to the effect that governing legislation is currently in place for scooters that are powered by mechanical or electrical means. However, when other Deputies posed similar questions subsequently, the Minister's answer changed. It is quite clear that these vehicles exist in a legislative grey area. When it comes to taxation, they are, in effect, impossible to tax. Members of An Garda Síochána are unclear as to what to do with these vehicles. Due to the absence of legislation on these vehicles in the context of the Road Traffic Acts, local authorities have had to form their own views on them. Since I tabled this matter last week, Dublin City Council has made its views known. It believes that until legislation is enacted, these vehicles should be rendered illegal via a bye-law.

What is the plan here? It has been obvious for some time that something would have to be done about electric scooters but nothing has been done to date. It is clear that new legislation would have to be introduced or the Road Traffic Acts amended in order to bring these vehicles into line, legally. We need to set down clear regulations on speed, pedestrian safety and their use on footpaths and roads and in cycle lanes but none of this has been done. It is regrettable that we are being reactionary in this matter rather than being proactive. There are over 3,000 of these vehicles in use in Dublin right now and that number is growing by the week. A number of high street retailers are now selling electronic scooters and they are no longer a niche, minority vehicle. They are growing in popularity and will continue to do so.

What is the Minister's plan? What are the timelines here? What kind of assurances can we give to people using these vehicles and how can we integrate them into a fully functioning transport network? Increasing numbers of people are using bicycles, buses and trains but how do we integrate scooters into the mix? We have ambitious plans for BusConnects, a metro system and so on . Scooters are particularly useful in the context of the final mile of any journey. People can use our high-speed and high-frequency public transport network and then use their scooters to get to a particular place such as, for example, Leinster House. They can get off the metro or the Luas and use their electric scooters for the final mile. In my view, electric scooters should be treated in the same way as electric bicycles, which is how it works in other European countries. That is the direction in which we should go but I look forward to hearing the Minister's views on the matter.

Shane Ross (Dublin Rathdown, Independent)
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I thank Deputy Rock for raising the issue of electric scooters, which provides us with the opportunity to discuss these and similar vehicles. I am aware of the increasing number of electric scooters, electrically-powered skateboards and similar small vehicles on our footpaths and roads. I will start by advising the House of the current legal situation with regard to such vehicles.

The Road Traffic Act 1961 defines a mechanically-propelled vehicle as a vehicle intended or adapted for propulsion by mechanical means, including a bicycle or tricycle with an attachment for propelling it by mechanical power, regardless of whether the attachment is being used. It also includes a vehicle the means of propulsion of which is electrical, or partly electrical and partly mechanical. Electric scooters and powered skateboards fall into this category and are therefore considered to be mechanically-propelled vehicles.

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Any users of such vehicles in a public place, as defined in the Road Traffic Act 1961, must have insurance, road tax and a driving licence. The penalties under road traffic laws for not being in compliance with these requirements include fixed charge notices, penalty points, fines and possible seizure of the vehicle. As it is currently not possible to tax or insure e-scooters or electric skateboards, they are not considered suitable for use in a public place.

Electric bicycles are in a different category to e-scooters. Where a bicycle has an electric motor attached that may be used as an alternate means of propulsion, the vehicle is defined as a mechanically propelled vehicle under the Road Traffic Acts whether or not the motor is being used. Under article 1(h) of EU Directive 2002/24/EC, e-bikes are defined as "cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of 0,25 kW, of which the output is progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/h, or sooner, if the cyclist stops pedalling,".

Legal advice obtained by the Department confirms that as bikes of this type require continuous effort on the part of the cyclist, they are considered to be pedal cycles. In other words, the engine is not the means of propulsion but an aid to the user. Pedal assisted cycles with a maximum continuous rated power of more than 0.25 kW and e-bikes that can be exclusively propelled by the motor are classified in the directive as low-performance mopeds, i.e. vehicles with pedals with an auxiliary engine of power not exceeding 1 kW and a maximum design speed not exceeding 25 km/h. Such vehicles are subject to road traffic legislation as I have just outlined, with the user obliged to have tax, insurance and an appropriate driving licence where the vehicle is to be used in a public place.

I have requested the Road Safety Authority to research how e-scooters and other such vehicles are regulated in other countries, particularly other member states. I am keen to understand the road safety implications of the use of such vehicles on public roads, especially when interacting with other vehicles. I will make a decision on whether or not to amend existing legislation when I have received the outcome of the RSA's research, and not before then. I will need to be satisfied that permitting such vehicles on our roads will not give rise to safety concerns for the users themselves and for all other road users including cyclists, pedestrians and motorists.

Noel Rock (Dublin North West, Fine Gael)
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I thank the Minister and the Ceann Comhairle. I suppose it is better late than never in many respects. The Road Safety Authority's review could have been commissioned when the first parliamentary questions on this matter were being set down. Clearly it was going to be an area that deserved further scrutiny. Based on comparable European countries the matter was clearly going to be an area that needed legislative scrutiny or potential legislative change. I welcome the Minister's response, belated as it is. These electrically assisted scooters require a manual start. They have to be kick started by the user and must reach a minimum of 7 km per hour under the rider's own propulsion, before the electric assist kicks in. Accordingly, this is where the ambiguity exists. In discussions with the motor taxation offices it appears that these vehicles cannot be taxed. Even if one wanted to tax them one could not. This is where the ambiguity and grey area exists. Ultimately, multiple agencies of the State have differing views on how these vehicles should be treated. I believe, and officials of various agencies believe, that it is necessary to bring about some legal clarity on the matter either to legalise them or explicitly make them unusable. It is necessary to introduce legislation.

I welcome the Minister's closing point in his statement that the RSA will be commissioned to put together a report. I urge the Minister to ensure that the RSA does this in short order and quickly. Many thousands of people use these vehicles and many hundreds more are buying them every week. There is an onus on us to bring clarity to the area and, as legislators, to make sure that we legislate accordingly.

Shane Ross (Dublin Rathdown, Independent)
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As there are so many people using these vehicles I acknowledge there is a need for speed in clarifying the situation. I hope to do this today. The emergence of these vehicles, and other such vehicles, is an example of a case where the legislation, while unambiguous as it stands, needs to be reconsidered in the light of new developments, such as those we currently speak of. Any possibility of change in the legislation would first and foremost have to consider the safety of the people using these vehicles and the wider public. It is clear that there are implications for public safety in the use of these vehicles. Where they are driven on a public road they are extremely vulnerable. When driven on a pedestrian or cycle path they can pose dangers to legitimate users on those paths. As Deputy Rock said, I acknowledge that consideration by the Road Safety Authority is the right place for this to see what should be done and what legislative changes are required. When the authority has concluded its examination and reported on it I will consider that report. If any legislation is required I will introduce it as quickly as possible.

Noel Rock (Dublin North West, Fine Gael)
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I would like to issue the Minister, Deputy Ross, with an invitation to use one of these vehicles on some of the private space around Leinster House, if he would be so willing.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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You might give him a loan of your own.

Thomas Byrne (Meath East, Fianna Fail)
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I believe that the Minister has had enough dodgy photo opportunities.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Let us move on. We are getting a little carried away.