Written answers

Tuesday, 27 September 2016

Department of Transport, Tourism and Sport

Road Traffic Legislation

Photo of Alan FarrellAlan Farrell (Dublin Fingal, Fine Gael)
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885. To ask the Minister for Transport, Tourism and Sport the measures in place to regulate rickshaws on streets; the action he plans to take to ensure passenger safety and driver identification are given priority in terms of the future regulation of rickshaws; and if he will make a statement on the matter. [26772/16]

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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Rickshaws are covered by road traffic law.  Pedal-powered rickshaws come within the definition of 'pedal cycles' and powered rickshaws are classified as 'mechanically propelled vehicles'. They, like all road traffic, are obliged to obey road traffic law. The measures which were introduced last year to allow An Garda Síochána to issue fixed charge notices to cyclists also apply to pedal-powered rickshaws and provide an important tool for An Garda Síochána in enforcing the law.

Mechanically propelled rickshaws when carrying passengers for reward in a public place, come within the definition of 'small public service vehicle' (SPSV) and are prohibited under current SPSV legislation.  Pedal-powered rickshaws do not come within the defintion of 'small public service vehicle' and therefore fall outside the ambit of the National Transport Authority (NTA) under the Taxi Regulation Act 2013. Therefore, neither the NTA nor my Department currently have powers to regulate pedal-powered rickshaws.

In response to some concerns - primarily of a safety nature - both Dublin City Council (DCC) and the NTA obtained legal advices in relation to their respective powers to regulate pedal-powered rickshaws. Discussions have recently taken place between DCC and the NTA who have agreed a proposed approach to regulating pedal-powered rickshaws which would require the drafting and introduction of primary legislation.

My Department is now engaged with the NTA to clearly frame the policy to guide any detailed legislative drafting, with passenger safety the key focus.  I will consider the legislative proposals which emerge when this work has been progressed.

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