CURRENT LEGAL ARTICLES

Road Traffic and Roads Act 2023

 

 New comprehensive Road Traffic and Roads Act 2023 will:

• Make our roads safer
• speed up the roll-out of public transport, walking and cycling infrastructure
• Resolve the legal barriers to e-scooters
• clarify the legal position of e-bikes
• Legislate for dangerous and antisocial use of scramblers

This Act is a wide-ranging and significant legislation that delivers on critical commitments in the Programme for Government and reflects the many new ways people travel today. One clear example is the use of e-scooters and e-bikes, which are now commonplace when these modes of transport did not exist a few years ago.

This Act will modernise and future-proof Ireland’s

Regulatory system to ensure that we can adapt to new technologies as they continue to emerge. Critically, it will improve road safety for everyone by balancing the uptake of the new forms of mobility with the needs and protection of other road users like pedestrians or pedal-bikers.

One of the most significant provisions in the Act is the resolution of legal barriers to e-scooters. While a regular part of our streetscape, E-scooters must still be permitted on public roads. This Act introduces a new class of vehicles called Personal Powered Transporters (PPTs). Regulations can now be commenced to classify e-scooters as PPTs, allowing the Minister to specify appropriate power, speed, weight values, and other technical and usage requirements for e-scooters. Until the regulations are in place, e-scooters will remain illegal for use on public roads. Once the rules are in place, those that do not comply with them will be illegal to be used on public roads.

Under EU law, the technical e-scooter regulations must be notified to the European Commission for review to ensure that they comply with Single Market rules before they come into effect (this is known as the “TRIS” process). This process takes a minimum of 12 weeks. When the TRIS process is successfully concluded, the regulations can be introduced. This will likely be in Q4 of 2023. Compliant e-scooters may then be used on public roads.

The Act will also put e-bikes on a legal footing. E-bikes with a maximum power output of 250W and a motor cut-off speed of 25km/hr will be treated as bicycles under Irish law. E-bikes that can go faster than 25km/hr or have a power output greater than 250W and those that can operate without pedalling will now be classified as e-mopeds. Under the new categorisation, e-mopeds will be seen as motorised vehicles requiring a licence, registration, tax, and insurance to be used on Irish roads.

The new rules for e-mopeds will come into effect once the administrative arrangements for registration, driver testing, driver licensing and taxation are in place, which is expected to be in Q1 2024. Owners of e-mopeds will only need to make changes and can continue legally using them like a pedal cycle or e-bike until then.

Further, increasing road safety will introduce variable speed limits on the M50. New powers will be given to Transport Infrastructure Ireland (TII) to manage traffic better and make it safer for its users. These measures are also supported by the completion of the motor insurance database to protect law-abiding citizens from uninsured drivers.

 An Garda Síochána will now be allowed to seize these vehicles when they are used in a manner that puts members of the public at risk. 

Other key provisions within the Act include:

• New powers for Garda to seize and dispose of scramblers and other vehicles used dangerously, whether at the scene or where the car is kept. It will also be an offence to drive these vehicles dangerously on all terrain and make it possible to prosecute wherever dangerous driving takes place
• providing for introducing variable speed limits in Ireland and specifically the M50 in the first instance. This will allow variable speed limits to be enforceable
• providing for a framework to allow for the regulated use of CCTV cameras and other data-gathering devices by local authorities and TII on the public road network

The Road Traffic and Roads Act 2023 creates a new vehicle category, powered personal transporters, including e-scooters and future micro-mobility devices as needed. On Irish roads, PPTs do not require registration, motor tax, insurance or a driving licence.

The power, weight and design speed of PPTs is capped at:

• Maximum continuous rated power output of up to 500 W
• Maximum net weight of 25 kg (battery included)
• Maximum design speed of up to 25 km/hr

While the 2023 Act specifies these values for all PPTs, it allows the Minister to vary them in regulations for particular PPT types.

Any type of PPT will be legal once specific regulations are in place. The Department of Transport is preparing rules for e-scooters. There are no plans to regulate any other PPT, which will remain illegal to use on public roads.

The Act clarifies the legal position of e-bikes.

There is no change to the legal status; they assist e-bikes with a power output of up to 250W, and the motor cuts out at 25 km/h and does not operate without pedalling. These will continue to be classed as pedal cycles.

People who own or are considering buying an e-bike below these thresholds can continue to use them on public roads and in cycle and bus lanes. They will not need to register, tax or insure their e-bikes or hold a driver’s licence.

E-bikes, like bicycles, are not permitted to use footpaths or motorways.

E-bikes with a power output over 250W or where the motor does not cut out at 25km/hr or continues to operate without pedalling will now be classified as an e-moped. They will be classed as mechanically propelled vehicles (MPVs), as for mopeds or motorcycles. This change brings Ireland in line with EU law.

E-mopeds must be registered, taxed and insured to be used on Irish roads, and their drivers will need an AM licence category.

The new rules for e-mopeds will come into effect once the administrative arrangements for registration, driver testing, driver licensing and taxation are in place, which is expected to be in Q1 2024.

Owners of e-mopeds, or anyone considering buying an e-moped, will wait to make any changes and can continue legally using their e-moped like a pedal cycle or e-bike until then.

The dangerous driving offence, currently only in a ‘public place’, will become an offence on all terrain. This will make it possible to prosecute for dangerous driving wherever it takes place.

There will be a new Garda power to seize and dispose of vehicles used dangerously, whether at the scene of an offence or at the location where the car is kept.

This will allow Garda to seize a vehicle being misused without risking the safety of bystanders or the riders themselves.

There will be a new Ministerial power to specify in regulations that certain types of vehicles, for example, scramblers or quad bikes, are banned from specific areas. This will allow the flexibility needed to deal with this problem evolvingly.

The Act provides for introducing variable speed limits on specific National Roads in Ireland and, specifically, the M50 in the first instance.

Variable speed limits are electronically signed speed limits that can change as required depending on conditions or other safety concerns.

Variable speed limits currently displayed on the M50 are advisory limits.

Following the commencement of the Act, Variable Speed Limits will be enforceable.

The Act will provide a framework for the regulated use of CCTV cameras and other data-gathering devices by local authorities and TII on the public road network.

These uses will support road safety, traffic management monitoring, weather stations, and toll plaza cameras.

Future legislation (regulations) can be commenced to allow CCTV to enforce traffic management and road safety.

The Act will regulate data sharing in a prescribed manner, ensuring data protection safeguards.

Under the Road Traffic (Use of Powered Personal Transporters) Regulations 2023, PPTs may only be used once regulations setting out technical standards and how they may be safely used on Irish roads are in place. Accordingly, using e-scooters will only be permitted when specific e-scooter regulations have been made.

The Department of Transport has prepared new regulations and a range of changes to existing regulations to introduce e-scooters, including:

• amending the Road Traffic (Traffic and Parking) Regulations 1997 (SI 182/1997)
• Amending the Road Traffic (Signs) Regulations 1997 (SI 181/1997)
• Amending the Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (SI 526/2022)
• introducing new Road Traffic (Electric Scooter) Regulations 2023

E-scooters will be legal for use on public roads once these regulations are in place. E-scooters that do not comply with the rules will remain illegal for use on Irish roads.

It is anticipated that all regulations for e-scooters will be in place in Q4 2023 once the EU TRIS process, detailed below, has been completed.

Under EU law, the Road Traffic (Electric Scooter) Regulations 2023 must be notified to the European Commission for review to ensure they comply with Single Market rules before they come into effect (the TRIS process).

This process takes a minimum of 12 weeks. It applies to draft technical regulations by Member States (setting technical, safety and environmental standards for products sold in the EU). It is intended to share information, prevent trade barriers and allow discussion between Member States and other interested parties. The Commission and other parties can issue opinions on the draft regulations.

When the TRIS process is successfully concluded, the regulations can be introduced. This will likely be in Q4 of 2023. Compliant e-scooters may then be used on public roads.

https://www.independent.ie/irish-news/man-who-died-in-dundalk-crash-between-car-and-e-scooters-named-as-talented-soccer-player-who-fled-to-ireland-from-algeria/a1783869760.html

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Dylan Green

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