Clare Daly (Dublin North, United Left)
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571. To ask the Minister for Transport, Tourism and Sport if there are any regulations for the operation of rickshaws, including requirements for licensing, insurance or any order regulations to ensure road safety; his plans in this area; and if he will make a statement on the matter. [27154/15]

Maureen O'Sullivan (Dublin Central, Independent)
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575. To ask the Minister for Transport, Tourism and Sport if he is satisfied that there are adequate regulations in place to regulate rickshaws in Dublin, including those with battery powered motors. [27192/15]

Paschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 571 and 575 together.

Currently, rickshaws are not specifically defined in law, nor is there any legislation to regulate carriage of passengers by these vehicles.  Rickshaws fall subject to road traffic legislation and must obey the rules of the road. 

The insurance provisions of the Road Traffic Acts apply to mechanically propelled vehicles.  There is no legal requirement under the legislation for rickshaws which are pedal cycles to be insured. Any vehicles that are powered other than by human effort do fall subject to insurance requirements.

Dublin City Council has written to me regarding the need to regulate rickshaws from a number of perspectives but primarily health and safety on the basis that the type and extent of regulation proposed would appear to go beyond what a local authority would usually wish to regulate by bye-laws under the Local Government Act 2001. The Council sought that provision be made through primary legislation to regulate the operation of rickshaws. As it is a requirement that a Regulatory Impact Assessment (RIA) be prepared in respect of any proposal to Government seeking permission to regulate through primary legislation, and given that rickshaws are a local matter, I have responded to the Council that it would be appropriate that the Council  prepare a RIA. The purpose of the RIA is to establish more clearly the issues that need to be addressed and the kind of regulatory initiative that is most appropriate to deal with those issues. The RIA would include, amongst other things, an assessment of the measures that could be adopted within the existing bye-law making powers of local authorities and also help determine whether any proposal for primary legislation should be dealt with as a matter of road traffic legislation or local government legislation.

Any questions about progress in that regard might be directed to the Council.