Dan Boyle
Question:171 Mr. Boyle asked the Minister for Transport if hand propelled, battery operated floor level scooters can be used on public motorways. [22796/03]
Written Answers. - Traffic Regulations.
Dan Boyle
Question:172 Mr. Boyle asked the Minister for Transport if a driver's licence is required for hand propelled, battery operated floor level scooters. [22797/03]
I propose to take Questions Nos. 171 and 172 together.
As provided for in the Roads Regulation 1994 (SI 119 of 1994) any mechanically propelled vehicle or combination of vehicles (other than an invalid carriage) which – (a) is driven by a person holding a driving licence referred to in section 22(1) of the Act of 1961 authorising that person to drive the vehicle, and (b) is so constructed that its entire weight is transmitted to the road surface by wheels which are equipped with pneumatic tyres and (c) exceeds 50 cu.cm. in cylinder capacity, where it is propelled by an internal combustion engine, and (d) whether propelled by an internal combustion engine or by any other means of propulsion is so constructed and in such a condition and so loaded as to be capable of maintaining a speed of 50 km. per hour on the level, solely under its own power, may use a motorway.
It would seen that the scooter referred to by the Deputy would not come within the foregoing and so would not be entitled to use a motorway.
The position in relation to licensing is that under section 38 of the Road Traffic Act 1961 a driving licence is required to drive a mechanically propelled vehicle in a public place. Such a vehicle is defined in the Road Traffic Act 1961 as "a vehicle intended or adapted for propulsion by mechanical means, including – (a) a bicycle or tricycle with an attachment for propelling it by mechanical power, whether or not the attachment is being used, a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical, but not including a tramcar or other vehicle running on permanent rails".
Dan Boyle
Question:173 Mr. Boyle asked the Minister for Transport if motor insurance is required for hand propelled, battery operated floor level scooters. [22799/03]
From the description of the machine it is not possible to say definitively what its precise status is under road traffic law. However, on the basis that it is a mechanically propelled vehicle, it must comply with the construction, equipment, use and lighting requirements in road traffic law and the user must be covered by a motor insurance policy in respect of liability to third parties, whenever it is used in a public place.