My Lords, we come to the final group of amendments, focusing on enforcement. Amendment 28, in the name of the noble Lord, Lord Berkeley, seeks to probe the intention and meaning of Clause 2(10). The Bill intends to give Transport for London a level of flexibility in designing pedicab regulations that are workable and meet its needs. This will be central to shaping a robust and effective regime. In achieving this aim, Transport for London has been clear that, as with taxi and private hire vehicle enforcement, it must be able to authorise others to carry out functions under the regulations on its behalf, such as enforcement activities. Clause 2(10) provides for this.
Amendments 32, 35 and 36, tabled by my noble friend Lady McIntosh, seek to add to the Bill provision covering death or serious injury caused by the careless, inconsiderate or dangerous use of pedicabs, with accompanying penalties. Of course, any death on our roads is a tragedy. Although we have some of the safest roads in the world, the Government are committed to making our roads even safer. The Government agree that dangerous cycling puts lives at risk. This is why there are already strict laws in place for cyclists, and the police have the power to prosecute if they are broken. They include laws to prosecute cyclists who cause bodily harm under Section 35 of the Offences against the Person Act 1861, which carries a maximum punishment of two years’ imprisonment. They also include cycling offences under the Road Traffic Act 1991 for careless cycling, with a maximum fine of £1,000, and dangerous cycling, with a maximum fine of £2,500. Furthermore, I am sure my noble friend will welcome the Department for Transport’s response to the consultation on death or serious injury by dangerous cycling, which will be published in due course.
However, we do not consider these amendments necessary. Pedicabs will be treated in the same way as pedal cycles, and their drivers will be treated as cyclists for the purpose of dangerous cycling offences. The exception would be if a pedicab is deemed a motor vehicle, in which case it would be subject to motoring offences.
My noble friend Lady McIntosh asked about enforcement; the noble Viscount, Lord Goschen, touched on this as well. Transport for London will have its own enforcement officers who work together with the police on this. I hear what the noble Viscount had to say about enforcement—or perhaps a lack of it. It is an operational matter for police and what he said is disappointing, but I certainly hear it loud and clear. As I said, it is for the police to respond to.
On the question that my noble friend Lady McIntosh raised, the figures, fines and penalties are an issue that lie with the Home Office. As for the Deliveroo L plate drivers and whether they are legally here, again, that is a policing matter. I am not too sure whether they can remain with L plates forever; we will have to write back to her on that. Certainly, that is a point well made.
Amendment 33 in the name of the noble Lord, Lord Liddle, seeks to increase the level of fines for offences committed under pedicab regulations from level 4 to level 5. This would mean that there would be no upper limit to the fines issued. The enforcement tools in the Bill are comprehensive, providing Transport for London with the scope to design an enforcement regime that can effectively target the rogue operators which have profited from a lack of regulation for too long. Clause 3(2), which this amendment seeks to change, is part of a suite of tools in the Bill.
Pedicab regulations will be able create offences providing for the giving of fixed-penalty notices or the imposition of penalties. These powers are supplemented by the ability to seize, immobilise, retain and dispose of pedicabs. There is also the ultimate sanction of stopping a pedicab driver or operator conducting business by revoking their license under Clause 2(1)(b). The Government expect Transport for London to take a view on how best to regulate the industry, subject to engagement with stakeholders and a public consultation. As the Committee is aware, pedicab regulations will be subject to approval by the Secretary of State. This should provide assurance to any noble Lords concerned by the scope of these powers.
Amendment 3, in the name of the noble Lord, Lord Berkeley, seeks to provide parity with civil enforcement powers applicable to contraventions committed by drivers and riders of motor vehicles. The power to impose civil penalties through pedicab regulations is explicitly tied to offences under Clause 3(1). These are not motoring offences; they relate to the provision of false or misleading information in connection with licences and the failure to comply with requirements, prohibitions and restrictions imposed by pedicab regulations. We therefore consider this amendment unnecessary.
I will address Amendments 39 and 49 together, which have again been tabled by the noble Lord, Lord Berkeley. These seek to place limitations on the immobilisation and seizure of pedicabs by making equivalent provisions to those relating to motor vehicles under Section 59 of the Police Reform Act 2002. This would amend Clause 3(6), which is intended to provide Transport for London with flexibility in designing pedicab regulations. The ability to immobilise, seize, retain and dispose of pedicabs that are illegal, or used illegally, and to target rogue operators will help establish a more sustainable and reputable pedicab industry in London. Limiting Transport for London’s powers in the manner proposed in this amendment could potentially remove the possibility of pedicabs that are not roadworthy, unsafe or are being used consistently in contravention of the regulations, being removed from London’s streets. However, the powers under Clause 3(6), are subject to safeguards in the Bill.