Since this story was published, the Irish government has U-turned and confirmed it has no plans to make helmets and high-vis compulsory for cyclists. Read our updated coverage here.
The legal future of cycling in Ireland is currently up in the air, after the country’s Department of Transport confirmed this week that plans to introduce mandatory helmet and hi-vis legislation would include bicycles of all kinds, even those without a motor – only for that official government announcement to be almost immediately contradicted by Tánaiste Simon Harris.
According to a government statement issued on Wednesday, the plan, which also affects e-scooter and e-bike users, would see cyclists not wearing protective gear or reflecting clothing fined by the police, in a similar manner to the penalties currently issued to cyclists for failing to use bike lights or for jumping red lights.
However, speaking in the Dáil on Thursday morning, Harris, Ireland’s deputy prime minister, insisted that there are “no plans” to change the law to make helmets mandatory for cyclists riding non-motorised bikes.
Instead, the Fine Gael politician said any change in the law would only apply to e-scooters and e-bikes – noting the “letter e is a bit of a giveaway” – and argued that mandating helmet use for all cyclists “would be a really bad use of Garda time”.
It’s fair to say that this week’s contradictory developments have added another layer of confusion to the Irish government’s already murky review of safety equipment for vulnerable road users.
In January, Taoiseach Micheál Martin and Seán Canney, Ireland’s minister of state for road safety, announced that the government was planning an “aggressive” drive to tighten e-scooter laws, as well as improving enforcement of existing laws concerning speed and underage use, following a steep rise in collisions.
While there are no plans to introducing number plates or licences for e-scooter users, Martin and Canney, along with minister for transport Darragh O’Brien, said they will focus on making helmets and high-visibility clothing compulsory as part of the review.
It was understood initially that this review of safety legislation would only apply to e-scooters. However, in the Irish parliament, Canney appeared to indicate that cyclists and e-bike riders were also being considered as part of the plans, under the general umbrella of ‘micromobility’.
And Canney’s plans were seemingly confirmed on Wednesday by the Department of Transport, after it was reported that the proposals were set to be considered by Cabinet.
Responding to a question from IrishCycle.com, seeking clarification on what users would be subject to the proposed new law, a Department of Transport spokesperson said: “Requirements for mandatory helmets and high-visibility equipment are currently being considered for e-scooters, bicycles, and e-bikes.”
While the department stressed that the proposals are currently “under review”, sources within the government told IrishCycle.com that a draft plan exists and “should be taken seriously”.
The sources also claimed that Harris and Canney were the main cabinet members pushing for mandatory helmets and his-vis, with both seeking to bring the issue to government at the “earliest opportunity”.
It is understood that the topic of mandatory helmets and hi-vis was shelved at Wednesday’s cabinet meeting, however, in order to focus on closing legal loopholes surrounding the use of scramblers on the road, following the recent death of 16-year-old Grace Lynch, killed in a collision with a scrambler rider.
Nevertheless, the Irish government’s helmet and hi-vis plans, if introduced and then passed in the Dáil, would make Ireland the only EU nation to mandate bike helmets, following in the legislative footsteps of Australia, where helmets are compulsory and linked to falling cycling levels.
But despite reports that he’s one of the leading figures behind this push for compulsory protective equipment for cyclists, Harris claimed in the Dáil on Thursday that “ordinary push bikes” would be exempt from any future legislation.
Harris was responding in the Irish parliament to Green Party TD Roderic O’Gorman, who pointed out to the Tánaiste that no other European country “criminalises” cyclists for failing to wear helmets or hi-vis clothing because “it makes no sense”.
“Of course, helmets are an important part of how cyclists can protect themselves, but criminalising the absence of a helmet is basically saying that you’re going to reduce cycling deaths and injuries by reducing cycling itself,” O’Gorman said, adding that any new law would place the future of bike share schemes in the country in question.
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Instead, he called on the government to focus on “evidence-based proposals”, including those proposed by cycling groups at Wednesday’s joint transport committee meeting, such as the creation of more protected cycle lanes and the 30kph default speed limit rollout which was abandoned by the government.
“IrishCycle.com reports that you are one of the main people pushing mandatory helmets for cyclists, on a push bike. I don’t know if that’s true or not. Is it true?” O’Gorman asked.
Harris replied: “I’m certainly not behind that proposal, nor is there one… but firstly, thank you for raising this issue because road safety is an extraordinarily important issue, and our road safety stats, in this country, are going the wrong direction.
“And again, I think… most people agree on this in relation to e-scooters, we do need to do more, most particularly in relation to our children. It’s already not allowed for somebody under the age of 16 to be on an e-scooter.
“However, when we talk to our doctors, as we all do, the number one cause of childhood brain trauma in Ireland now is e-scooter accidents; it’s horrifying. Yes, it is illegal. But when I talk to Gardai, I think the current structure, in my view, is a bit cumbersome.”
Harris then called for greater police powers to seize illegal e-scooters, while arguing that more needs to be done to educate road users on safety. However, despite noting that helmets are “important”, he stopped short of suggesting they should be made compulsory for those riding non-electrically assisted bikes.
“There are no plans to change the law to make that mandatory,” he said. “Quite frankly, I think that would be a really bad use of Garda time. On one level, I don’t think the immediate answer to everything has to be new law.
“I actually saw some reporting of the comments yesterday [made by cycling groups at the transport committee], and I found myself largely in agreement to a lot of the points we made by Cycling Ireland, which is why I was rather abused with some of the reportage this morning, but such is life.
“But we can differentiate. I think we should differentiate in this country. I think the letter ‘e’ is a bit of a giveaway, and like, if something is motorised, if something is electric, if something can do great speed, I think that’s one thing, and I think that needs to be looked at.”
O’Gorman thanked Harris and said: “I absolutely welcome your confirmation that there is no plan, no proposals, for mandatory helmets for cyclists using push bikes.”
The Tánaiste then added: “We all want to see a reduction in deaths and injuries. I think we’re all alarmed. I’m certainly alarmed at the dangers that we’re seeing on our roads: more distractions than ever before in cars and some distractions that are illegal that shouldn’t be happening.
“Others just seem to happen because the environment in general is more distracting, there are more road users, more volume of vehicles, and indeed an increase in cycling, which is a good thing that we want to continue to support, but also both driver and cycle education is really important too.”
“On e-scooters, I take your point that there are laws and regulations there. I remain to be convinced that there’s not more to be done on e-scooters. I just think there is. I’m deeply concerned about this. I’m happy to have further engagement with Cycling Ireland on this.”
9 thoughts on ““You’re going to reduce cycling deaths by reducing cycling itself”: Confusion as plan to fine all cyclists not wearing helmets or hi-vis ‘confirmed’ by Irish government – but deputy PM insists “no plans to change law” for ‘push bikes’”
Given that EAPCs are becoming increasingly difficult to distinguish from unassisted bikes, one might question how they actually plan to enforce a law that mandates equipment for one but not the other.
They don’t need new laws really. This is typical Irish politics. There is some problem, that is already dealt with by existing law, but which is near never enforced because the gardai are constrained by resources. Some incident happens that pushes the problem to the fore of the mass-media news cycle, the politicians all run around, with the opposition screeching “Why isn’t the minister doing something?!” and the government TDs pontificating in their most serious voices about how they’re doing something, and so something must be done.
That something is never “Give the gardai the resources to enforce the law” – cause that would require spending money on hiring gardai, which they won’t do. Instead they grandstand in the Dail about the new law and/or regulation they’re bringing in – which, other than some high-profile “targeted operation” choreagraphed in Dublin for the media, will see the same level of enforcement as the existing laws.
But really, they don’t need new laws. And the problem users are blindingly obvious: The people zooming around at 30, 40+ km/h, with their legs pretty much stationary on the (motor)-bike, meaning it *OBVIOUSLY* is not a EAPC.
Course, the gardai don’t have dynometers for bikes (as the dutch police have had for e-bikes and mopeds going back to AT LEAST the 90s – they stopped me and put my AR50 on one back in the day). So…
But more laws, more regulations, that will definitely help!
This exactly what was done with speed limits – road deaths in Ireland have been increasing since Covid, due to a combination of increased overall kms being driven, and a noticeable decrease in enforcement (lack of policing resources). The government’s response has been to lower speed limits on smaller rural roads from 100km/h to 80km/h, and then, a few years later, from 80km/h to 60km/h. Road deaths have not dropped…
Harris then called for greater police powers to seize illegal e-scooters
If the Irish police are as bad as the UK’s, and the stories on here suggest they are, it’s likely they already have enough powers but they’re determined to refuse to use them
That’s pretty much it. Also, the Gardai are much much more constrained in being able to pursue anyone on illegal two-wheeled vehicles, to the extent they generally can not.
Right hand left hand – no communication methinks
Judging by how my email to my TD and to the Tanaiste (Harris) was forwarded first to the office of the Minister for Transport (Darragh O’Brien) by Harris’ office, and then by O’Brien’s office to the office of the Minister for International & Road Transport, Logistics, etc. (Canney), I’d say this was likely Canney’s pet project and the others are trying to distance themselves from it given how fucking insane it is.
Ahh yes, the classic solution to dangerous drivers who aren’t paying attention. Helmets and hi-vis. Luckily when someone is looking on their phone or not looking before pulling out or any other number of shitty driver behaviours we can be sure that helmets and hi-vis will magically have them driving safely.
Typical Government/RSA (Road Safety Authority) motor-normative nonsense – make certain road users an even ‘outer’ out-group, and get every motorist assuming that all cyclists should be wearing a helmet and hi-vis. Hi-vis is for building sites, and is (rightly) mandatory there, because you are mixing people and heavy machinery in a location where there is no finished infrastructure or defined pathways for movement – sounds like Irish roads…