My Lords, this second group of amendments focuses on the definition of a pedicab. I will open my remarks by addressing the Government’s amendments first.
The Government listened carefully to the points raised at Second Reading and have tabled Amendment 50 with the purpose of expanding the definition of “trailer”, for the purposes of the Bill, to include sidecars or vehicles pushed by a pedal cycle. This will ensure that pedicab drivers and operators cannot circumvent the intent of the Bill and future regulations by transporting passengers in a separate vehicle to the side or front of a pedicab. The other government amendment in this group, Amendment 43, is consequential to this change.
These government amendments address Amendments 3 and 42, tabled by my noble friend Lady Anelay of St Johns and the noble Lord, Lord Liddle. The amendment tabled by my noble friend seeks to expand the definition of “pedicab” to include
“a cargo box with seating attached to the front of the pedal cycle”.
Similarly, the amendment tabled by the noble Lord seeks to add “affixed carriage” to the definition so that the Bill captures scenarios where passengers are carried to the side or in front of the driver. As I mentioned, the government amendments have, hopefully, addressed any potential loophole here.
On the amendment tabled by my noble friend, the Government completely agree that passengers sitting in a cargo box should be subject to regulation. Under the current text of the Bill, this would be the case. This is because nothing in legislation defines a cargo box or cargo bike. A cargo box fixed to a bike with seating would form part of “a pedicab”. This is not a separate wheeled vehicle like a trailer; it is a pedal cycle adapted for the carrying of passengers, as per the definition in Clause 1(2). The Government hope their amendments have effectively addressed the issues raised by both noble Lords and satisfied my noble friend that those not in business will not be affected.
I will address Amendments 4 and 5—tabled by my noble friends Lady Anelay and Lord Blencathra—together, as they relate to linked issues. My noble friend Lady Anelay’s amendment seeks to probe whether “reward” captures minor gifts and to clarify the Bill’s intention towards those carrying passengers but not operating a business. My noble friend Lord Blencathra’s amendment seeks to exclude trailers designed for the carrying of babies and small children from the Bill’s scope. The Government understand that these amendments seek to achieve similar goals. To be clear, the Bill defines pedicabs in terms of being
“made available with a driver for hire or reward”.
This excludes from the scope of pedicab regulations the possibility of, for example, parents transporting their children using a pedal cycle.
The Government reflected on my noble friend Lady Anelay’s comments at Second Reading and are content that “reward”, as referenced in Clause 1(2), is unlikely to capture the giving of minor gifts. Instead, the Bill’s intent is instances where the reward is agreed in advance of a service being provided. However, the Bill’s provisions might feasibly capture instances where there is a formal agreement for an individual to transport other people’s children on a daily or regular basis in return for a pre-agreed payment. Such an individual would be providing a service, and it is not clear that this would be sufficiently different to the type of services the Bill intends to regulate to warrant exclusion from it. Ultimately, it will be for Transport for London to take a view on such matters in designing the regulations. It may choose to take certain types of pedicab usage outside of the regulations’ scope.