Cyclist and speeding laws help please.

[CopperCyclist]

I think the @ username sends the user an alert.

It does normally, or at least has in the past - but the one in this thread didn't work for some reason.

Anyway, I'm piling in now. I've tried to skim the the thread, as I'm going to disagree with Drago, but see Benborp raised the relevant point.

Cycles cannot be done for 'speeding'. This is because the legislation for speeding offence refer to motor vehicles, and cycles are not a motor vehicle.

Some e-bikes MAY be argued to be a motor vehicle. Any vehicle with an engine is a mechanically propelled vehicle (mvp). For an mpv to become a motor vehicle it needs to be intended of adapted for the road, which most e-bikes probably are.

Normal cycles though, nope.

This does not however mean you can speed regardless - there are still separate offences of careless or inconsiderate cycling which could be considered instead - however these have to be proven abstractly on the standard of your riding, rather than a speed limit offence where you either are or aren't over the limit.

Cycles can and do break speed limits, and can also do so without breaking other motoring offences. There is a 20 limit on my commute that I regularly exceed - mind you, so do the cars and buses that still pass me! I have also broken 30 limits, and on a good downhill I suspect I could break a fifty - but I haven't ever achieved those sorts of speeds (yet!).

 

[CopperCyclist]

Oh yes I forgot - I believe some parks have separate by-laws such as Richmond Park, and are an exception to the 'cant be done for speeding' rule.

 

[Cubist]

You could all have waited until I got in from work.

As Coppercyclist and Benborp point out, speed limits only apply to the users of motor vehicles.

Not bicycles.

So you can't be "stuck on" (f*ck me I hate that phrase!) for speeding on a pedal cycle.

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

@ianjmcd you weren't given a caution. you were told off by a copper who didn't know what else to do with you, but was ignorant of the law and procedure.

 

[Sore Thumb]

And, we got there in the end.

Many thanks

 

[Drago]

Disagree with me! Damn you man!!!

You could well be right though as it was prehistoric times since I covered that topic, and I am now very old and infirm. Ill check PNLD tomorrow and check the wording.

 

[T.M.H.N.E.T]

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

 

[Drago]

You can't accrue endorsements if you're not on/in a motor vehicle or mechanically propelled vehicle. I've never personally come across anyone being had for furious cycling either.

Some of these laws are creakingly archaic.

 

[BentMikey]

You can't accrue endorsements if you're not on/in a motor vehicle or mechanically propelled vehicle. I've never personally come across anyone being had for furious cycling either.

Some of these laws are creakingly archaic.

User would argue otherwise, I believe.

 

[BentMikey]

There was a cyclist in Cambridge, I believe, prosecuted for careless cycling or somesuch, doing 25mph on a pedestrianised high street when it was deserted. I'm not sure I recall that correctly. Tim Hall might remember this one from the long past days of URC.

 

[byegad]

Not downhill it isn't!

I don't think I've done many rides in over 20 years up here where I didn't go over 30 mph, and I usually hit 40 mph and sometimes go over 50.

Exactly! It may be a bit of an ask (Should that be arsk?) in Lunnon, but come play in the North Yorks Moors, Yorkshire Dales or the Pennine Dales of County Durham and 50 is an easily achievable speed on most rides. Think Blakey Ridge, dropping down to Reeth from Tan Hill Inn or dropping into Wolsingham from Tow Law. All have 50+mph potential on a recumbent trike. Staying below 40mph on all of these is a slow and cautious descent and the last two deliver you into a 30mph speed limit at the bottom! While trying to roll on into the limited area at the sort of terminal velocity that you will have by then may well turn out to be terminal, it would not necessarily be illegal unless you are endangering others.

 

[Drago]

User would argue otherwise, I believe.

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.

 

[T.M.H.N.E.T]

You can't accrue endorsements if you're not on/in a motor vehicle or mechanically propelled vehicle. I've never personally come across anyone being had for furious cycling either.

Some of these laws are creakingly archaic.

So you cannot get points for speeding on a bicycle - But you can be "stuck for speeding" of which there is no offence? It would merely be a different offence/wording used at discretion of an officer - to suit the situation?

 

[Drago]

How about you merely use your discretion until I can check definitively tomorrow?

If you want speedy legal advice I charge £140 per hour plus VAT in 6 minute increments, but even then is still need to refer by Blackstones and that's in my desk at work - my degree is in Public Law, which doesn't cover bicycles.

So patience. I know what I think it is, and I also concede I may be in error, so no more 20p questions please. Ill check the applicable legislation. Ill check what the current charging standard or advice is, and ill check for any case law and you can sleep soundly tomorrow night.

 

[T.M.H.N.E.T]

It's more fun this way

 

[ufkacbln]

I... but cars are meant to be better to be hit by than they used to be with those improving NCAP ratings for hitting peds.

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