Laois committee contacts justice minister over e-scooters

A LAOIS committee has written to justice minister Jim O’Callaghan, raising serious concerns and seeking clarity about upcoming new laws on e-scooters.

An electric scooter recently seized in the county was capable of doing up to 80kph, a meeting of the Laois Local Community Safety Partnership (LCSP) was told this week.

At their meeting on Tuesday, LCSP members agreed to write to the justice minister to highlight their concerns about e-scooter law enforcement, insurance, safety requirements and protection for gardaí.

Members fully supported an outright ban on the use of e-scooters by under-18s. However, they are worried about the availability of such high-powered devices, unsafe use and possible limitations on gardaí, when they are responding to dangerous situations involving e-scooters.

The LCSP, which replaced the former Joint Policing Committee, consists of senior Laois-Offaly gardaí, government agencies, voluntary organisations, county councillors and community members.

The letter dated Thursday 23 July (see text below) also seeks clarity on legislative and enforcement issues that ‘are currently presenting challenges at local level’.

LCSP meetings are currently not open to the public or the press, due to a national decision. 

After the meeting, vice-chairperson Cllr Caroline Dwane Stanley said one of the major issues raised was "the complete and utter lack of supports" for gardaí, who are expected to police dangerous vehicles at possible risk to their own lives. 

While the Government has decided against an outright ban on e-scooters for now, the age limit for their use will be raised to 18 in August. Later this year, legislation will be introduced to treat e-scooters as mechanically propelled vehicles, with a requirement for licensing and registration.

The LCSP letter sent on behalf of all members states:

‘The Partnership recognises that e-scooters may offer a convenient mode of transport for some users. However, members are increasingly concerned about unsafe use, the availability of high-powered devices and the limitations that may exist for An Garda Síochána when responding to dangerous or unlawful behaviour.

‘These concerns have been raised in the context of community safety, road safety, injury prevention and public confidence in enforcement.

‘In particular, the Partnership wishes to express its support for strong and clear legal measures to protect young people and other road users.

‘The Committee fully supports an outright ban on the use of e-scooters by persons under 18 years of age. Given the risks associated with speed, traffic interaction, lack of protective equipment and the vulnerability of younger users, the Partnership believes that a clear under-18 prohibition would provide a stronger and more easily understood safety message for parents, young people, schools and communities.

‘The Partnership also calls for the wearing of helmets and high-visibility clothing or vests to be made a legal requirement for e-scooter users. While awareness campaigns can encourage safer behaviour, members are of the view that mandatory safety requirements would provide a clearer national standard and support prevention of serious injuries.

‘The Committee further seeks clarification on whether insurance will be required for e-scooter users. Members are concerned that, in the event of a collision involving a pedestrian, cyclist, motorist or other road user, a clear position on insurance would be of significant assistance to local authorities, An Garda Síochána and members of the public.

‘The Partnership is also requesting clarity regarding the protections available to members of An Garda Síochána, when pursuing or attempting to stop e-scooter users, who are suspected of unlawful or dangerous use.

‘The Committee is concerned that Garda members may be placed in a difficult position where they are expected to enforce the law, but where the practicalities of stopping or pursuing a person on an e-scooter may create operational, legal or personal risk.

‘Members would welcome clear guidance on what Gardaí can and cannot do from an enforcement perspective, including the circumstances in which an e-scooter may be stopped, seized or removed from public use; the enforcement options available where a user fails to stop, and the legal protections in place for Garda members acting in good faith in the course of their duties.

‘These concerns are not theoretical. The Partnership understands that an e-scooter was recently seized in Laois which was reportedly capable of travelling up to 80 km per hour. This raises serious concerns regarding the availability and use of devices that far exceed safe or permitted speeds and which have the potential to cause significant harm to users, pedestrians and other road users.

‘In light of the above, the Laois Local Community Safety Partnership respectfully requests that the Department provide clarification on the following matters:

1. Whether the Government intends to introduce an outright ban on e-scooter use by persons under 18 years of age.

2. Whether helmet use and high-visibility clothing or vests will be made legally mandatory for e-scooter users.

3. Whether insurance will be a legal requirement for e-scooter users.

4. What specific enforcement powers are available to An Garda Síochána in respect of unlawful or dangerous e-scooter use.

5. What legal and operational protections are available to Garda members when pursuing, stopping or otherwise engaging with e-scooter users in an enforcement context.

6. What measures are being considered to address high-powered e-scooters capable of travelling well above permitted or safe speeds.

‘The Partnership believes that clear legislation, practical enforcement guidance and strong safety requirements are essential to ensure that e-scooter use does not undermine community safety or road safety. We also believe that An Garda Síochána must be fully supported and protected in carrying out enforcement duties in this area.

‘We would be grateful for your consideration of the matters raised and would welcome a written response outlining the Department’s position and any planned legislative or policy developments in this regard.’ 

The Laois LCSP letter will also be sent to other LCSPs around the country, seeking their support regarding the issues raised with the minister.

With proposals due to come before the cabinet next week, the government has agreed that hi-vis jackets and helmets will be mandatory for all e-scooter use and the ban on their use will be extended to under-18s. This will take effect in August.

Later this year, legislation will be introduced to treat e-scooters as mechanically propelled vehicles and there will be a requirement for licensing and registration.

This will also prohibit the sale of scooters to minors and the sale of scooters that do not meet the legal requirements for use on public roads.

The government also said that further protections would be provided to members of An Garda Síochána to mirror the system in the UK.

This would grant greater legal protections to gardaí when pursuing e-scooters and e-bikes.