The Law and Cycling

[SoulKiss]

One for the plumbers...

Before I weigh in and make an idiot of myself, can someone clarify the validity of the following statements made by some of the more militant cyclists in the office (and one confirmation for me)

1) There is no law covering cycling while drunk that is not a judgment call by a police officer - ie a breathalyser test and a limit would not apply.

2) There is no speed limit for cyclists - so doing 25mph in a 20 limit is fine - the only law covering is an archaic one "cycling furiously"

and the one for me

3) A cyclist who commits an RTA offence while cycling can receive points on their driving license.

Cheers

[Dipper]

1 and 2 are true, 3 is untrue

lol, If John is right then I got all 3 answers wrong.

ie,
I still thought as a highway user you were to comply to laws governing use of said highway. Riding drunk is thus a drunk in charge of a vehicle prosecution.

If you're speeding then you're speeding. I didn't think it mattered what you were speeding on.

and

An RTA can be charged to your licence or your name if you don't have a licence so that if you did get a licence it can be added then. (Same as if you're caught driving a car without a licence).


John will most certainly know more than I claim to but it amused me that I thought the opposite.

[Doinitmyway]

Regarding no 1, I think the road traffic act states using a 'mechanically propelled vehicle' so cyclists cant be done for DD.

Chris

[Biker Biggles]

Im not a plummer but I believe you are correct on all 3 statements.
What do the experts say?

[Red Herring]

With regard to number one....
"Riding a pedal cycle while unfit to ride because of alcohol or drugs is an offence contrary to S30 Road traffic Act 1988, if the rider is incapable of controlling the cycle. Section 12 of the Licensing Act 1872 has an offence of being drunk in charge of a bicycle with a maximum fine of £200, or one months imprisonment!."
Unfit is not covered by breath/blood/urine tests, it is subjective to the manner of the accused so would be proved by the officer describing what they saw supported by their (expert) opinion around the likely influence of alcohol, which would also be used for the 1872 offence. (being in charge means you could just be walking down the road next to it, strangely enough it doesn't get used very often....)

Number two, speed limits don't normally apply to cyclists, but there can be local bylaws that do. Riding like an idiot through the town centre would be covered by the "furious" legislation.

Number three, unless you need a licence to use/cause or permit the vehicle then you can't be given points, but I must confess I've never come across that one so if someone else has a different point of view I'd like to hear it....

[Bibio]

might be different in England but i know for certain you can be charged with 'drunk in charge of a carriage (carriage being a pushbike)' in scotland. my mate when we were younger got pulled over and charged with it but it was thrown out of court and as far as i can remember it was due to being on HM land so the officer had no right being there in the first place. but had it been on public roads/pathways it might have been different.

as for speeding, that's a motor vehicle offence. but i think they can serve you with an ASBO.

RTA, i have no idea. i think there has been some cases where people have been killed by cyclists and the cyclists have served prison sentences and lost their licence.

the officers on the forum might know more.

THinking on didnt Gav (Wideboy) get a tug for been drunk with a push iron.

[Dipper]

To expand a bit.

Point 1, you could be charged with not having proper control of your vehicle through the influence of drink or drugs, breath limits are not applicable to cyclists so basically it's a PC's judgement call on your ability to control the bike.

Point 2, is true and needs no further explanation.

Point 3, You cannot receive points, however I believe people have been disqualified from driving for cycling offences but it's so rare and the offence would normally have involved a death caused by the cyclist, which in itself is very rare.

rules of the road are rules of the road, no matter what you are riding - that said...

there is the highway code which states how to behave on the road, ie stop at zebra crossing, speed limit etc...

fines can be dished out for things like:
using a mobile phone while riding a pedal bike
drunk on your bike (riding dangerously)
running a red light
riding on the pavement
riding on the wrong side of the road
riding the wrong way around an island

getting told off for things like:
going past the traffic light so you can get off first at the lights (that's in front the the white line)

now breaking these CAN get you fined & points (on your licence if you have one) if bad enough - that said you could get banned from driving/riding a motorcycle but you would still be allowed to ride a bike... go figure!


well look what I found here....

and this...

cyclist fines...