Cyclist and speeding laws help please.

[subaqua]

Not the case I am afraid, there is a larger proportion of vehicles such as the Jeep Cherokee that have a zero rating on pedestrian safety

but some would argue that you don't get many peds in a field or the rockies.

 

[Alun]

Wanton and furious cycling and all that other pub barrister bollox is archaic and irrelevant.

It certainly sounds archaic, anybody know the last time someone was prosecuted for "Wanton and furious cycling"?
It conjures up images of Cavendish in a sprint finish to me

 

[ufkacbln]

but some would argue that you don't get many peds in a field or the rockies.

You obviously haven't seen a Surrey School Run!

 

[gaz]

What gets us into trouble is not what we don't know. It's what we know for sure that just ain't so.

 

[summerdays]

Has anyones child ever been fined/banned from driving(point accrual) for cycling on the footpath "furiously"?

If they are under 16 they can't get a FPN as far as I'm aware, though I do know some children where they were asked to walk or that they needed to get lights on their bike (at night time).

 

[Cubist]

I have the Police National Legal Database open on my desktop. I'm not allowed to copy and paste, and am typing on a smartphone, so bear with me.
Speeding offnces are all dealt with by the 1984 Road Traffic Regulation Act , and apply only to motor vehicles.

There are a number of offences listed which may be used, but I would suggest only as the result of furthe consequence. So, if you hoon around and wipe out Aunty Doris by cyclic too fast you'll be potentially liable to prosecution under headings such as careless or inconsiderate cycling on road,bridleway or footpath, under sec 29 Road Traffic Act 1988, or if she's on a footpath or causeway set aside for the accommodation of foot passengers, for riding on the footpath contrary to the 1835 Act. There's also dangerous cycling under the 1988 Act. Plenty to go at there, but no speeding. And no need to look at wanton and furious nonsense.

 

[doug]

I think there is a specific offence of "going equipped to steal a car" or some such, for which you can get points on your license even if you are not driving. I think this is the only way in the UK a cyclist can be given points on their driving license.

 

[Vikeonabike]

Is there not law whereby a driving license can be removed or suspended outside of specific driving offenses but where it is relevant to the crime?

No is the simple answer to that one. If you don't commit an offence in a motor vehicle then you won't have any penalty against your licence.

 

[Cubist]

I think there is a specific offence of "going equipped to steal a car" or some such, for which you can get points on your license even if you are not driving. I think this is the only way in the UK a cyclist can be given points on their driving license.

Is there not law whereby a driving license can be removed or suspended outside of specific driving offenses but where it is relevant to the crime?

yes, offences under the theft act, twoc,theft of motorvehicle, attempts at either of those and aggravated vehicle taking and going equipped for the theft of a motorvehicle all can attract penalty points.

 

[Vikeonabike]

yes, offences under the theft act, twoc,theft of motorvehicle, attempts at either of those and aggravated vehicle taking and going equipped for the theft of a motorvehicle all can attract penalty points.

Good point, I wasn't considering theft.. but if it's non motor vehicle related the answer is still No

 

[theclaud]

I can't help but think that Ben and you could have held back until we had found out exactly what Drago was offering by way of a bet.

And no we don't need User. You don't take a nuke to a knife fight.

(Sorry, Adrian)

 

[Cubist]

Good point, I wasn't considering theft.. but if it's non motor vehicle related the answer is still No

Yes, they all relate to the use of a motor vehicle, but don't have to involve driving. Carried on is the example.

Therefore if I set off on my bike, equipped to steal cars, my licence can be endorsed. If i ride at 900 mph on thepavement a d wipe out Aunt Doris, it won't be.

 

[Cubist]

And another one who could have waited until we knew what Drago was offering in terms of stakes.

I don't want to upset him by suggesting we'd have been disappointed. He makes a gracious reply afterwards!

 

[Cubist]

And it's possible he might be right, though I'm pretty sure he isn't. As aforementioned, I last covered this topic in the late 80's and never had to grapple with it since so my memory is hazy. What seems damn certain to me could be off beaam.

Hence ill get the definitive, unequivocal answer tomorrow from the legal database the CPS use, if you fellers think you can manage a bit if a cliffhanger until tomorrow evening.

Ill use the CPS source because it really is definitive - the legislation alone isn't enough to answer such a question, as when determining if you can get fingered for it we need to also consider the correct charging standards, and any case law. The legislation alone won't give us an answer.

Add tothat the latest ACPO guidelines and the truth will often remain obscure.:P

 

[fossyant]

Ah all good. I shall carry on breaking the speed limit every time I ride my bike than. LOL