{"id":28580,"date":"2023-10-29T14:32:54","date_gmt":"2023-10-29T14:32:54","guid":{"rendered":"https:\/\/legalblog.ie\/?p=28580"},"modified":"2023-11-12T12:10:51","modified_gmt":"2023-11-12T12:10:51","slug":"powered-tranporters","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/powered-tranporters\/","title":{"rendered":"Powered Transporters"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Personal_Transporters_and_Pedal_Cycles\" title=\"Personal Transporters and Pedal Cycles\">Personal Transporters and Pedal Cycles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Testing_and_Examination\" title=\"Testing and Examination\">Testing and Examination<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Driving_Offences\" title=\"Driving Offences\">Driving Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Garda_Powers\" title=\"Garda Powers\">Garda Powers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Taking_Interfering_etc\" title=\"Taking Interfering etc\">Taking Interfering etc<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Disqualification\" title=\"Disqualification\">Disqualification<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Intoxicated_while_driving_an_animal-drawn_vehicle_or_riding_a_pedal_cycle\" title=\"Intoxicated while driving an animal-drawn vehicle or riding a pedal cycle.\">Intoxicated while driving an animal-drawn vehicle or riding a pedal cycle.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Careless_Driving\" title=\"Careless Driving\">Careless Driving<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Traffic_Control\" title=\"Traffic Control\">Traffic Control<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Speed_Use\" title=\"Speed &amp; Use\">Speed &amp; Use<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Supply_to_person_under_16_years_of_age\" title=\"Supply to person under 16 years of age\">Supply to person under 16 years of age<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Mobile_Phones\" title=\"Mobile Phones\">Mobile Phones<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/powered-tranporters\/#Intoxicants\" title=\"Intoxicants\">Intoxicants<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Personal_Transporters_and_Pedal_Cycles\"><\/span>Personal Transporters and Pedal Cycles<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2023 Act amends the definition of \u201cdriving\u201d to apply its meaning to the use of powered personal transporters (PPTs) in the same fashion as it is applied to the use of bicyclAes and tricycles (riding). It provides a definition for e-bikes, which clearly differentiates between low-powered and high-powered models, by amending the definitions for mechanically propelled vehicle, pedal bicycle and pedal tricycle, respectively.<\/p>\n<p>The 2023 Act amends the definition for a mechanically propelled vehicle to exclude PPTs from its scope and so permit the use of PPTs without imposing the registration, tax, licencing and insurance conditions associated with conventional motor vehicles. It provides for the insertion of a new definition for a new category of vehicle called powered personal transporters, or PPTs, and sets out certain technical details characterising such vehicles.<\/p>\n<p>This vehicle category is intended to encompass a range of small, lightweight micro-mobility vehicles such as e-scooters, electric skateboards, segways, hoverboards, etc. which are not accurately captured within the vehicle categories as set out in the 1961 Act due to technological innovations in the intervening years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Testing_and_Examination\"><\/span>Testing and Examination<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A member of An Garda S\u00edoch\u00e1na may examine or test a PPT to ensure it does not have a dangerous defect. If a dangerous defect is discovered, the driver may be instructed not to use the PPT in a public place until the defect is remedied and may be required to present the PPT for a further examination or test at a specified time and place. A person in contravention of this section commits an offence (general penalty under section 105 of the Act).<\/p>\n<p>The existing powers of occasional examination, inspection and test held by An Garda S\u00edoch\u00e1na in relation to pedal cycles are extended to PPTs.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Driving_Offences\"><\/span>Driving Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to exceed the maximum speed limits that apply in respect of the vehicle itself and the road upon which it is being used.. A person driving a powered personal transporter in excess of the applicable speed limit shall be guilty of an offence.<\/p>\n<p>The 2023 Act removes a reference to mechanically propelled vehicles and so provide that all vehicles will be within the scope of the ordinary road traffic Act provisions. This\u00a0 makes it an offence for a driver to use any vehicle in a public place while unfit to do so as this may represent a danger to public safety. A person in contravention commits an offence and shall be liable to prescribed financial penalties.<\/p>\n<p>It an offence for a driver to use a powered personal transporter in a public place when the vehicle has a defect preventable by the exercise of ordinary care. A person in contravention commits an offence, may be arrested by a member of An Garda S\u00edoch\u00e1na without warrant if suspected of having committed said offence and shall be liable to prescribed financial penalties or imprisonment accordingly. The existing provisions in respect of this section are extended to PPTs by the 2023 Act.<\/p>\n<p>Section 99 of the Road Traffic Act, 1961 prohibits holding onto a moving vehicle in a public place. The 2023 Act clarifies that this does not apply in the case of vehicles such as PPTs or pedal cycles where the driver is obliged to hold on to the vehicle in order to drive it.<\/p>\n<p>It an offence for the driver of a PPT to hold onto any other moving vehicle while driving the PPT. This provision reflects the existing legislative framework for cyclists under which it is prohibited for cyclists to hold onto moving vehicles on the grounds that it is dangerous to do so.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Garda_Powers\"><\/span>Garda Powers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Section 107 of the 1961 Act confers powers on a member of An Garda S\u00edoch\u00e1na to arrest without warrant a person using a mechanically propelled vehicle where it is suspected that said person has committed an offence under the Act and said person either fails to provide information when asked to do so or has provided information suspected to be false or misleading. The 2023 provides for the amendment of section 107 of the Road Traffic Act, 1961 by removing a reference to mechanically propelled vehicles and so providing that all vehicles will be within the scope of this section.<\/p>\n<p>Section 108 of the 1961 Act confers powers on a member of An Garda S\u00edoch\u00e1na to arrest without warrant a pedal cyclist where it is suspected that said cyclist has been suspected of having committed a crime or being involved in a collision, and where said cyclist has failed to provide information when asked to do so or has provided information suspected to be false or misleading. The 2023 Act provides for the insertion of a reference to PPTs in this section so that the existing legislative framework for pedal cycles can here be applied to their use.<\/p>\n<p>The 1961 Act confers powers on a member of An Garda S\u00edoch\u00e1na to temporarily dispose of a mechanically propelled vehicle without warrant when the person in charge of said vehicle has been arrested. The 2023 Act provides for the amendment of section 110 of the Road Traffic Act, 1961 by removing a reference to mechanically propelled vehicles and so providing that all vehicles will be within the scope of this section.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Taking_Interfering_etc\"><\/span>Taking Interfering etc<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2023 Act broadens the existing provisions prohibiting the use or taking of a pedal cycle without the owner\u2019s consent by applying the same prohibitions to powered personal transporters.<\/p>\n<p>The \u00a01961 Act prohibits interfering with the mechanism of a mechanically propelled vehicle and prohibiting getting on or into a mechanically propelled vehicle which has been left in a public place without reasonable cause or lawful authority, unless the vehicle is obstructing an entrance or exit. A member of An Garda S\u00edoch\u00e1na may arrest without warrant a person suspected of committing an offence under this section, but said person may offer as defence evidence that they believed they had lawful authority.<\/p>\n<p>The 2023 Act \u00a0provides for an amendment by removing a reference to mechanically propelled vehicles and so providing that all vehicles will be within the scope of this section.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disqualification\"><\/span>Disqualification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Second Schedule to the 1961 Act sets out offences under the Road Traffic Acts which lead to consequential disqualification orders. The 2023 Act amends it to ensure that a person will not face a consequential disqualification \u2013 i.e. loss of a driving licence \u2013 if they commit certain\u00a0offences using a Powered Personal Transport (PPT), i.e. a vehicle for which a driving licence is not required.<\/p>\n<p>The 2023 Act applies to all vehicles, not just MPVs. In consequence, it is necessary to amend 1961 Act \u00a0to clarify that it is only when the offence is committed with an MPV that it leads to disqualification (as disqualification is from driving an MPV).<\/p>\n<p>The new version repeats the application of consequential disqualification following certain convictions but also adds a number of exceptions which take account of provisions elsewhere in the Act to provide for PPTs. Exceptions are where the original arrest leading to offences and then convictions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Intoxicated_while_driving_an_animal-drawn_vehicle_or_riding_a_pedal_cycle\"><\/span>Intoxicated while driving an animal-drawn vehicle or riding a pedal cycle.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2023 Act covers being intoxicated while riding a Powered Personal Transporter, and the opportunity is now being taken to exempt people convicted under section 12 from consequential disqualification if they were arrested originally for an offence involving an animal-drawn vehicle, a pedal cycle, or a PPT.<\/p>\n<p>Garda mandatory intoxicant checkpoints; \u00a0the exemption will apply where the vehicle in question was not a mechanically propelled vehicle. The power to stop a vehicle and test a driver already applies to a vehicle, not just a mechanically propelled vehicle.<\/p>\n<p>However, the 2023 Act include PPTs, as they will be legal, and it as in the case of the previously mentioned exemption in relation\u00a0 it was considered that, in principle, disqualification should apply only in those cases where the vehicle involved is one for which a licence is required.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Careless_Driving\"><\/span>Careless Driving<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Section 52 addresses careless driving. Under this exemption, a person will not be disqualified, i.e. will not lose their driving licence, if the vehicle concerned was not a mechanically propelled vehicle and therefore did not require a driving licence. Note that section 52 itself is not being amended<\/p>\n<p>in this Act as the offence of careless driving already applies to a vehicle, not just a mechanically propelled vehicle. However, this will now include PPTs, as they will be legal, and as in the case of the previously mentioned exemption in relation to section 6(4), it is considered that, in principle, disqualification should apply only in those cases where the vehicle involved is one for which a licence is required.<\/p>\n<p>Section 52 addresses careless driving. Under this exemption, a person will not be disqualified,\u00a0i.e. will not lose their driving licence, if the vehicle concerned was not a mechanically propelled vehicle and therefore did not require a driving licence. Note that the offence of dangerous driving under section 53 already applies to a vehicle, not just a mechanically propelled vehicle. However, this will now include PPTs, as they will be legal, and it as in the case of the previously mentioned exemption in relation to section 6(4), it is considered that, in principle, disqualification should apply only in those cases where the vehicle involved is one for which a licence is required.<\/p>\n<p>Section 112 of the Act of 1961 contains offences of using or possession of a mechanically propelled vehicle or a pedal cycle without permission. The 2023 Act add a provision.Under this exemption, a person will not be disqualified, i.e. will not lose their driving licence, if the vehicle concerned was not a mechanically propelled vehicle and therefore did not require a driving licence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Traffic_Control\"><\/span>Traffic Control<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2023 Act amendments permit the Minister to make certain regulations to control the use of powered personal transporters in traffic by assigning specified parts of roads for the use of powered personal transporters and prohibiting use of specified roads or parts of roads by powered personal transporters. The Minister may make regulations prohibiting or restricting the use of powered personal transporters on different classes of roads.<\/p>\n<p>Section 38 of the 1994 Act confers powers on local authorities to put in place traffic calming measures on roads under their charge.The 2023 Act extends the powers of local authorities to require PPTs to take account of any traffic calming measures which may have been implemented by said local authority.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Speed_Use\"><\/span>Speed &amp; Use<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person cannot use a PPT in contravention of regulations made under section 11 of the Road Traffic Act 1961 (use of PPTs in public places) or in contravention of provisions prohibiting the driving of a dangerously defective PPT (section 54 of the Road Traffic Act 1961).<\/p>\n<p>Section 4 of the 2004 Act confers powers on the Minister for Transport to prescribe speed limits in respect of mechanically propelled vehicles. The 2023 Act \u00a0provides for the amendment of section 4 of the Road Traffic Act, 2004 by removing a reference to mechanically propelled vehicles and so providing that all vehicles will be within the scope of this section.<\/p>\n<p>The 2023 Act clarifies that when travelling on roads with a special speed limit of 20 km\/h as specified in bye-laws by the relevant local authority, this speed limit will also apply to powered personal transporters. This amendment is intended to prevent any ambiguity in that, in general, the maximum speed limit that will apply to PPTs will be 25km\/h, but in the case that a speed limit of 20 km\/h applies to the road, the lower of the two limits will apply.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Supply_to_person_under_16_years_of_age\"><\/span>Supply to person under 16 years of age<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It it an offence to supply of PPTs to persons under the age of 16 years. This is a road safety measure intended that imposing an age limit on PPTs will restrict the availability of PPTs to persons under 16 and so reduce the danger of injury to minors from PPT use or injury caused by minors to pedestrians and other vulnerable road users.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Mobile_Phones\"><\/span>Mobile Phones<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2023 Act prohibits the use of mobile phones while driving a mechanically propelled vehicle are amended to include the prohibition of using a mobile phone while driving a powered personal transporter. This is a road safety measure to ensure the attention and stability of drivers of powered personal transporters is not impaired while using the vehicle.<\/p>\n<p>The Minister, may if required, to make regulations restricting the use of mobile phones in circumstances other than those and restricting the use of information or entertainment equipment while driving a powered personal transporter.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Intoxicants\"><\/span>Intoxicants<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2023 Act is a road safety measure and creates a new offence of driving a powered personal transporter while under the influence of an intoxicant. The amendment uses the existing offence and penalty relating to pedal cycles and broadens those provisions to include personal powered transporters.<\/p>\n<p>The 2023 amends section 130 of the Finance Act, 1992, by clarifying in the definition for \u201cmechanically propelled vehicle\u201d that this category does not include PPTs, and by inserting a definition for PPTs which cross- references the definition provided in section 3 of the Road Traffic Act, 1961. This amendment ensures cross-legislative alignment between the Finance Acts and the Road Traffic Acts 1961-2018.<\/p>\n<p>The 2023 Act amends provisions relating to the requirement to provide specimens of breath, blood or urine for testing after arrest on suspicion of intoxicated driving (section 12), requirement to provide a blood specimen when arrested on suspicion of certain offences involving drugs (section 13B), and obligation on a person involved in a road traffic incident and taken to hospital to provide a specimen of blood or urine for testing for intoxicants.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-28580\" data-postid=\"28580\" class=\"themify_builder_content themify_builder_content-28580 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Personal Transporters and Pedal Cycles The 2023 Act amends the definition of \u201cdriving\u201d to apply its meaning to the use of powered personal transporters (PPTs) in the same fashion as it is applied to the use of bicyclAes and tricycles (riding). It provides a definition for e-bikes, which clearly differentiates between low-powered and high-powered models, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[232],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/28580"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=28580"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/28580\/revisions"}],"predecessor-version":[{"id":29204,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/28580\/revisions\/29204"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=28580"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=28580"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=28580"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}