At present, rickshaws are not specifically defined in law, nor is there any legislation to regulate carriage of passengers by these vehicles. They fall under the category of pedal cycles for legal purposes. As such, there is no requirement to register a rickshaw and it is therefore not possible to provide estimates of their numbers. However, they are bound by road traffic legislation and must obey the rules of the road. Among other legislative requirements, this means they are barred from pedestrian-only streets.
I have indicated my intention to extend the fixed charge notice system to cover road traffic offences by cyclists, which will include rickshaws.
Dublin City Council has written to me regarding its wish to regulate rickshaws. Its legal advisors had suggested that the proposed regulatoy regime would go beyond the scope of existing local authority powers to make bye-laws. As a result the Council sought that provision be made through primary legislation to extend the scope of those powers.
A Regulatory Impact Assessment (RIA) is required in respect of any proposal to Government seeking permission to initiate primary legislation with a regulatory purpose. The RIA would have to set out a clear statement of the regulatory objective and an evaluation of the different possible approaches to achieving that objective. It is only when the RIA is concluded that it will become clearer as to whether primary legislation is indeed appropriate and, if so, the nature of that legislation. As rickshaws are a local matter, I informed the Council that it would be appropriate that the Council prepare the RIA. Any questions about progress in that regard should therefore be directed to the Council.
