Dáil Éireann Debate, Tuesday - 7 July 2015
563. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the regulatory regime governing the use and operation of rickshaws; if they are subject to the same rules as regular cyclists; his views that greater regulation is required, given the commercial nature of their operation and the fact that they tend to proliferate at night time in busy city centre areas; and if he will make a statement on the matter. [27118/15]
Amharc ar fhreagra564. Deputy Niall Collins asked the Minister for Transport, Tourism and Sport the legislation that currently covers rickshaws being utilised in Dublin; if these vehicles are covered for insurance purposes; and if he will make a statement on the matter. [27120/15]
Amharc ar fhreagraI propose to take Questions Nos. 563 and 564 together.
The insurance provisions of the Road Traffic Acts apply to mechanically propelled vehicles only. There is no legal requirement under the legislation for rickshaws that are pedal or human powered to be insured under the Road Traffic legislation relating to compulsory insurance. However, these vehicles are bound by road traffic legislation and must obey the rules of the road.
Dublin City Council has written to me regarding the need to regulate rickshaws from a number of perspectives but primarily health and safety on the basis 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.
