Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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270. To ask the Minister for Transport, Tourism and Sport his views on the growing number of rickshaws now in operation in Dublin; whether this mode of transport is safe; whether there is a need for regulation; and if he will make a statement on the matter. [28049/15]

Paschal Donohoe (Dublin Central, Fine Gael)
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Currently, rickshaws are not specifically defined in law, nor is there any legislation to regulate carriage of passengers by these vehicles.   However, they are bound by road traffic legislation and must obey the rules of the road.  

 Rickshaws that are powered solely by the physical exertions of the driver fall under the definition of pedal cycles for legal purposes.  Any rickshaw which is mechanically propelled on the other hand falls subject to the provisions of road traffic law relating to mechanically propelled vehicles.

Dublin City Council has written to me regarding the need to regulate rickshaws from a number of perspectives but primarily health and safety.  However its legal advisors have advised 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.

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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271. To ask the Minister for Transport, Tourism and Sport if he will examine the speed limits around school areas and how they are enforced and monitored; and if he will make a statement on the matter. [28055/15]

Paschal Donohoe (Dublin Central, Fine Gael)
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Where it is considered necessary and appropriate, whether near schools or at other locations, road authorities have the necessary power to vary the default speed limits on any roads, or sections of road, within their functional areas. Section 9 of the 2004 Road Traffic Act sets out the range of Special Speed Limits that may be set by such authorities through bye-laws. To assist local authorities in the application of Special Speed limits, I launched my Department's updated Guidelines for Setting and Managing Speed Limitsin March last and these are available on the Department's website. These Guidelines reiterate that the making of bye-laws for Special Speed Limits is a matter for the Elected Members of local authorities, subject to following Department Guidelines and to the consent of the NRA in the case of national roads. 

Enforcement of speed limits is a matter for An Garda Síochána.

Paschal Donohoe (Dublin Central, Fine Gael)
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​The Road Safety Authority have overall responsibility for the Road Safety Strategy 2013 - 2020 and are charged with increasing awareness of safety on our roads, promoting safer driving, improving vehicle standards, driver testing, driver licensing and undertaking certain enforcement activities as well as undertaking accident and road safety research in order to develop measures and recommendations to improve road safety.  The RSA also advise me on road safety policy. The National Roads Authority and each local authority is responsible for the improvement and maintenance of the roads network be they national primary, secondary or tertiary.

An Garda Síochána are responsible for ensuring road traffic enforcement where necessary across all public roadways.