Act vs Statutory Instrument

pillphil

The Road Traffic and Roads Act 2023 says the following about PPTs (e-scooters):

specifically the 25 kph limit and 500w continuous output.

However this announcement references this statutatory instrument which says 20kph limit and 400W continuous output:

Since the SI is more recent, does that mean it takes precedence over the Act?

AnRothar

in the section of the act you quoted it references maximum values that may apply.

Any "eScooter" which exceeds these values is not legally an ae Scooter.

the SI can use a lesser value.

pillphil

ah ok, so the Act defines what an e-scooter is and the SI defines what kind of e-scooters you're actually allowed to use?

does that mean the without the SI, we'd just have a definition of what an e-scooter is, but no laws to permit them in use?

Seth Brundle

The SI is almost like an addendum to the Act (the Act being primary legislation and the SI being secondary). As you say, they can add clarity on a part of the Act.

Most laws are passed as SIs each year.

https://www.citizensinformation.ie/en/government-in-ireland/houses-of-the-oireachtas/legislation/

Peregrinus

https://www.boards.ie/discussion/comment/122146516#Comment_122146516

Slightly more complex than that:

1. The Act defines "powered personal tranporter"
2. The Regs define "electric scooter", which is a particular kind of powered personal transporter. A powered personal transporter must have handlebars, two axles, be designed to carry someone in a standing position, etc, to be an "electric scooter"
3. And then, in separate provisions, the regs say than an electric scooter (if used in a public place) must have a maximum design speed limit of 20 km/h; must not exceed 0.4 kW continuous rates power output; etc.

If we didn't have the regs, we'd still have a definition of "powered personal transporter", and lots of provisions in the Act about powered personal transporters — e.g. it's an offence for the user of a powered personal transporter to hold on to a moving vehicle. The provision the Act apply to all powered personal transporters, whether or not they are electric scooters.

pillphil

Ah right, that makes sense. I really should have inferred it from reading the SI.

I was wondering why there was additional things like Specifying types of tyres in one and not the other