Government Approves Amendments to Road Traffic and Roads Bill 2021

Minister for Transport, Eamon Ryan TD and Minister of State Hildegarde Naughton TD have welcomed today’s approval by Government of a number of amendments to the Road Traffic and Roads Bill 2021.

The Bill was published in October 2021 and completed its second stage in Dáil Éireann on 18 November 2021. The amendments will be presented at committee stage of the Bill.

Speaking today, Minister Ryan said “I am very pleased that my colleagues in Government have approved these amendments. The Road Traffic and Roads Bill is already a substantial Bill, but these amendments are important, and I believe will prove very worthwhile. In particular, there has a been a great deal of discussion about PPTs, and I have listened to this. This is an area where the technology is changing very rapidly. It is important that we can respond to what are sure to be many changes in this area in the relatively near future.”

“I know that much of the response to this Bill has, rightly, focused on the need to get the right legislation in place for PPTs. The Bill is however dealing with other matters too. Among the amendments proposed, one which I believe will prove particularly important in the coming decade is that relating to electric vehicles. If we are to achieve our goal of boosting take-up of electric cars, we need to have the necessary recharging infrastructure, and the new powers for TII will be an essential component in providing it. The new Office of Low Emission Vehicles (OLEV) will be taking on tasks already done across a number of bodies and will provide a much-needed focus in helping us to achieve our 2030 target.”

Minister Naughton said “I warmly welcome the decision by Government to agree these amendments to the Road Traffic and Roads Bill. It is important to ensure that we have the best possible legislative basis for traffic management on the M50 if we are to safely improve traffic flow on the motorway network. Likewise, we need a robust basis in law for BusConnects if we are going to make sustainable public transport more effective and attractive. As we look towards developing technologies, the measures on PPTs will help to ensure that we can maintain flexibility in responding to developments in the rapidly evolving micromobility sector.”

“While the Bill allows for the use of PPTs in public places, it also allows for regulations of how they can be used and extends existing offences under road traffic legislation to users of PPTs, thereby improving safety for all road users.”

Notes to the Editor

The amendments to be proposed deal with a range of issues -

• Power to Vary Speed, Weight and Power in Definition of Powered Personal Transporters (PPTs) - The Bill defines PPTs - including e-scooters – by reference to maximum design speed, weight and power. It is now proposed to amend the Bill so that the weight, speed, and power output in the definition may be varied in future through regulations. This will enable prompt response to what is a rapidly developing area of technology.

• Deletion of Section 34 of Bill - Section 34 of the Bill would make it an offence to supply a PPT to a person under the age of 16. It is proposed to delete this section from the Bill. It would be unenforceable, as ownership of PPTs is not to be registered and there is no requirement for persons to carry proof of age in Ireland.

• Revocation of Driving License - A new power will be introduced to allow the Road Safety Authority to revoke a driving license where a person no longer meets, or has never met, the criteria for eligibility for a driving license. This is being done to protect the integrity of the driver licensing system.

• Transport Infrastructure Ireland Measures for Promotion of Electric Vehicles - new functions will be conferred on TII in respect of recharging infrastructure for zero to low emission vehicles; and an Office of Low Emission Vehicles (OLEV) will be established, initially in the Department of Transport but later to transfer to TII. OLEV will have a broad remit in support of the goal of achieving one million electric vehicles on our roads by 2030.

• Access to NCT History for Owners - the Minister will be empowered to make regulations to allow the RSA to provide online access to NCT data for vehicle owners in respect of their vehicles. As well as providing full transparency for vehicle owners in relation to test histories, it will also allow prospective buyers of secondhand vehicles to gather more information when making a decision to purchase a pre-owned vehicle from a seller who is willing to share the test history.

• Variations in Testing of Specimens for Alcohol - following from the advice of the Attorney General, the Minister will be empowered to set in regulations the degree of variance permitted in evidential breath tests for alcohol.

• There will also be amendments to improve provisions already in the Bill to facilitate enhancing Motorway Operation Services (eMOS) on the M50 and the BusConnects project.

Separately the Minister intends to use regulations and guidelines to allow local authorities progress experimental traffic management schemes that promote active travel throughout the country.