[QUOTE 2010378, member: 9609"]Wrong - the law is "It is an offence for a person to be in charge of a motor vehicle on a road or other public place with excess alcohol"
A bicycle is not a motor vehicle!
I believe you can be charged with riding a bike while drunk - however the police would have to prove you were drunk, sobriety test or something![/quote]
wrong? ok, to be picky, its a carrage
CYCLING WHILE DRUNK
Cycling is intoxicating, it gives a natural high but it's also a very sociable activity and those who partake in the weekend 'pub run' will attest that cycling is easier after the odd drink or two.
A social tipple, imbibed in moderation - the proverbial swift half - will not lead to a massive impairment in your ability to ride home but, despite alcohol's pain reducing effect, it impairs athletic performance so too much booze is bad for biking.
The Licensing Act 1872 makes it an offence to be drunk in charge of a bicycle (or any other vehicle or carriage, or cattle) on a highway or in a public place but this old law also forbids any public drunkenness - even in a pub - so is clearly never enforced.
In law a bicycle is defined as a carriage for use on the highway but cyclists are not in charge of 'mechanically propelled' vehicles so, in law, do not have to adhere to exactly the same rules as motorists, including 'drink drive' rules.
Section 30 Road Traffic Act 1988 says: "It is an offence for a person to ride a cycle on a road or other public place when unfit to ride through drink or drugs - that is to say - is under the influence of a drink or a drug to such an extent as to be incapable of having proper control of the cycle.
In Scotland a PC may arrest without warrant a person committing an offence under this section. There is no obligation for a cyclist to submit to a blood or urine alcohol test.
'Road' in the above bit of legislation includes a bridleway so don't think you can get blotto at a country pub and ride home 'off road' without risk.
And here's the rub. If you ride drunk you risk endangering yourself and possibly others by your actions. Would you ride home blindfolded? Beer-googles and bicycles do not mix. And, as stated above, cycling 'dangerously' can be fined by up to £2500.
You can not get endorsements on your UK driving licence for a 'drink cycling' offence. Some US States have such a law so be careful when searching on this topic via Google.
The UK Highway Code - a useful but not a definitive source for UK legislation on motoring and cycling offences - says the penalty point system is "intended to deter drivers from following unsafe driving practices...The accumulation of penalty points acts as a warning to drivers that they risk disqualification if further offences are committed."
Note the word 'drivers.'
In law, cyclists propel vehicles on the highway and so have to adhere to most of the same rules as motorists. However, the fines and penalties for offences are different. Cyclists DO NOT qualify for three penalty points for failing to comply with a red light. Offending cyclists, when caught, are given a non-endorsable fixed penalty ticket for £30. There are no offences that carry penalty points for cyclists.
A bicycle is not a motor vehicle!
I believe you can be charged with riding a bike while drunk - however the police would have to prove you were drunk, sobriety test or something![/quote]
wrong? ok, to be picky, its a carrage
CYCLING WHILE DRUNK
Cycling is intoxicating, it gives a natural high but it's also a very sociable activity and those who partake in the weekend 'pub run' will attest that cycling is easier after the odd drink or two.
A social tipple, imbibed in moderation - the proverbial swift half - will not lead to a massive impairment in your ability to ride home but, despite alcohol's pain reducing effect, it impairs athletic performance so too much booze is bad for biking.
The Licensing Act 1872 makes it an offence to be drunk in charge of a bicycle (or any other vehicle or carriage, or cattle) on a highway or in a public place but this old law also forbids any public drunkenness - even in a pub - so is clearly never enforced.
In law a bicycle is defined as a carriage for use on the highway but cyclists are not in charge of 'mechanically propelled' vehicles so, in law, do not have to adhere to exactly the same rules as motorists, including 'drink drive' rules.
Section 30 Road Traffic Act 1988 says: "It is an offence for a person to ride a cycle on a road or other public place when unfit to ride through drink or drugs - that is to say - is under the influence of a drink or a drug to such an extent as to be incapable of having proper control of the cycle.
In Scotland a PC may arrest without warrant a person committing an offence under this section. There is no obligation for a cyclist to submit to a blood or urine alcohol test.
'Road' in the above bit of legislation includes a bridleway so don't think you can get blotto at a country pub and ride home 'off road' without risk.
And here's the rub. If you ride drunk you risk endangering yourself and possibly others by your actions. Would you ride home blindfolded? Beer-googles and bicycles do not mix. And, as stated above, cycling 'dangerously' can be fined by up to £2500.
You can not get endorsements on your UK driving licence for a 'drink cycling' offence. Some US States have such a law so be careful when searching on this topic via Google.
The UK Highway Code - a useful but not a definitive source for UK legislation on motoring and cycling offences - says the penalty point system is "intended to deter drivers from following unsafe driving practices...The accumulation of penalty points acts as a warning to drivers that they risk disqualification if further offences are committed."
Note the word 'drivers.'
In law, cyclists propel vehicles on the highway and so have to adhere to most of the same rules as motorists. However, the fines and penalties for offences are different. Cyclists DO NOT qualify for three penalty points for failing to comply with a red light. Offending cyclists, when caught, are given a non-endorsable fixed penalty ticket for £30. There are no offences that carry penalty points for cyclists.
CYCLING FURIOUSLY?
It's an in-joke in cycling that cyclists can't be booked for speeding (see below) but can be fined for "pedalling furiously." Many cyclists list being cited for "cycling furiously" as one of their life ambitions. Professor David S. Wall, Head of the University of Leeds Law School, a one-time professor of criminal justice, once listed his hobby as: Cycling (Furiously)
However, these legal eagles say they have been unable to find a reference to such a cycling offence in Blackstone's Criminal Practice or in Halsbury's Laws of England.
Which is odd, as Christopher McKenzie, an Australian barrister, pointed BikeHub to these cases: Taylor v. Goodwin (1879) 4 QBD 228, a case where the Queen's Bench Division held, on appeal, that a cyclist was appropriately convicted by a magistrate for furious riding of a bicycle. The dicta of Justice Melor in the case has been cited and followed in a number of cases since: see, for example, Smith v. Kynnersley [1903] 1 KB 788 (cyclist not liable to pay bridge toll) and Corkery v. Carpenter [1951] I KB 102 (cyclist liable for offence where cycling drunk).
There’s no specific offence of “furious cycling”, but as reported by Cambridge Cycling Campaign in 2007, fast-moving cyclists can sometimes be nabbed for “riding furiously”, an offence under the 1847 Town Police Clauses Act. This mentions (under section 28) it is an offence for “Every person who rides or drives furiously any horse or carriage, or drives furiously any cattle.”
So, don’t go herding cows on your bike as you’ll be committing an offence twice over…
Cyclists – and not just Victorian ones – can also be convicted for “wanton and furious driving”.
The wording of S35 of the Offences Against the Person Act 1861 (as amended by the Criminal Justice Act 1948 (c. 58), s. 1(2)) is as follows:
“35. Drivers of carriages injuring persons by furious driving Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years.”
