Penalty points on car licences for cycling offences

[nickprior]

In another forum altogether, there's been a conversation about penalty points on car licences following road offences on a cycle, specifically RLJing :
UK Climbing

Is there anywhere where it is stated unequivocally that penalty points cannot be applied to a driving licence for offences on a bicycle? Case law somewhere? Can't see anything specific in the Hghway Code. Can see lots of people asserting that it is not permissible to dock points but have found nothing official.

There was a case recently (charity rider on the M74) where the ticket was rescinded, and another case in Weymouth some time ago but I can't see whether that was overturned or not. In the M74 case the BBC legal team got on the case, but what would they have said to Dumfries and Galloway Police to get them to change their minds?

 

[xxmimixx]

people shouldnt write this kind of profanity in open forums, there may be some foolish MP reading it and get bad ideas to change the law...

 

[sadjack]

What if you dont have a car licence? Just punish those that do?

Unworkable nonsense.

 

[snorri]

The only thing we can learn from this incident, don't seek an interpretation of road traffic law on a climbing forum.

 

[Matthew_T]

I dont have a car license, does that mean that I could get away with going through all the traffic lights where I live when they are on red? Dont think so.

If this is true, then whoever thought of it must be on crack. Cyclists can only get fines (and court punishments) but how can you relate cycling offences to driving licenses? What utter rubbish.

Driving isnt a necessity, therefore if a police officer pulled you over for RLJing, and you said that you didnt have a driving license, would he then say "Well when you get one, you will have 3 points on it". You may not get a driving license in your life.

People think that nowadays, you have to have a car to get anywhere. But we have got 6 modes of public transport which we are able to use:

1. Aircraft
2. Marine vehicles
3. Trains
4. Buses
5. Taxi's
6. Human powered transport (cycling/walking)

Sorry for the rant but this has annoyed me a little.

 

[srw]

The offence for cycling is the same as the offence for driving. So the range of punishments should be the same. The fact that you don't need a licence to ride a bike is irrelevant - if a court decides a particular punishment is appropriate, they have the right to apply it, however daft it looks.

 

[cycleruk]

http://ukcyclerules....ycling-offence/
this might answer your question

 

[element]

Grown ups without cars are weird.

 

[snibgo]

A very small number of offences can result in disqualification, eg Darren Hall's case.

 

[2Loose]

Grown ups without cars are weird.

People who like traffic jams are weird - I only use two wheels, motorised and human powered for that very reason.

 

[Red Light]

No cycling offences carry penalty points period. e.g. if you RLJ in a car its 3 penalty points; if you do it on a bike its a £30 FPN with no penalty points.

Its not definitive law but if you look at the Highway Code on Penalties it says:

Penalty points and disqualification
The penalty point system is intended to deter drivers and motorcyclists from following unsafe motoring practices. (my emphasis)
​

If you don't want to accept that you will have to work through the legislation for each offence to convince yourself that no cycling offence carries any penalty points

The other point about not having a license is irrelevant. There have been cases where people without licenses have been convicted of driving offences and the points have been carried forward to apply to a license if they get one.

 

[sadjack]

The other point about not having a license is irrelevant. There have been cases where people without licenses have been convicted of driving offences and the points have been carried forward to apply to a license if they get one.

But surely thats the point of the OP. The question is should cyclist receive penalty points for cycling not DRIVING. In my view to punish only those cyclists with a driving licence with points cannot be fair or consistent.

 

[AhThisFeckinThing]

Definitely NO points for a cyclist running the red light, just a £30. However there is dangerous/careless cycling. Careless being easy to prove, going through a light.

 

[Red Light]

But surely thats the point of the OP. The question is should cyclist receive penalty points for cycling not DRIVING. In my view to punish only those cyclists with a driving licence with points cannot be fair or consistent.

No, the question was could not should. And they can't because there are currently no cycling offences that have points in the penalty.

 

[HLaB]

What if you dont have a car licence? Just punish those that do?

Unworkable nonsense.

+1