Dáil Éireann Debate, Tuesday - 19 July 2016
55. Deputy Imelda Munster asked the Minister for Transport, Tourism and Sport if he has considered banning the use of rickshaws as a method of transport and as a method of carrying passengers until regulations have been introduced by legislation or other means; and if he will make a statement on the matter. [22486/16]
View answerRickshaws 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 definition 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 ban pedal-powered rickshaws.
The Deputy will recall from recent Parliamentary Question replies that, in response to some concerns - primarily of a safety nature - both Dublin City Council (DCC) and the NTA had obtained legal advices in relation to their respective powers to regulate pedal powered rickshaws, and my Department was examining these with a view to consulting the Attorney General on the best way to proceed to provide for the appropriate regulation of rickshaws.
However, I now understand that in the interim, further discussions have taken place between DCC and the NTA who have agreed a proposed approach to regulating pedal powered rickshaws. The NTA wrote to my Department last week informing it of their agreed outline proposal which would require the drafting and introduction of primary legislation.
My Department will now be engaging further with the NTA on this matter, and will also be working in consultation with the Attorney General. As part of this, it will be necessary to clearly frame the policy to guide any detailed legislative drafting. I will consider the legislative proposals which emerge when this work has been progressed.
