The 'real'...
 

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[Closed] The 'real' law on cycling while under the influence...

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Posts: 29
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what is the law on this etc, fines, licence bans etc-anyone know?


 
Posted : 29/04/2014 10:22 am
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And you want to know because...... 😉


 
Posted : 29/04/2014 10:38 am
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some sheet I read somewhere from Clarkson.... 8)


 
Posted : 29/04/2014 10:40 am
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The law is......

If you can make it home without falling off then you are under the limit.
In very exceptional circumstances (e.g. beer festivals) then up to 2 falls is acceptable.
Under no circumstances attempt to ride a curb when under the influence as this will end in disaster.
Avoid cycling past pubs at kicking out time as your performance may be further impaired by scantily clad ladies - and any falls will be followed by much clapping and cheering.


 
Posted : 29/04/2014 10:56 am
 xcgb
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Mate got done quite a few years ago though drunk in charge of a bike , arrested and fined about £50

mind you he was standing in the middle of the road with his bike when the cops came past! 🙂


 
Posted : 29/04/2014 11:01 am
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[quote=ndthornton ]The law is......
If you can make it home without falling off then you are under the limit.
In very exceptional circumstances (e.g. beer festivals) then up to 2 falls is acceptable.
Under no circumstances attempt to ride a curb when under the influence as this will end in disaster.
Avoid cycling past pubs at kicking out time as your performance may be further impaired by scantily clad ladies - and any falls will be followed by much clapping and cheering.

+ avoid canal towpaths at all costs.


 
Posted : 29/04/2014 11:01 am
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You can be disqualified from driving for offences committed while cycling.

It might not be very likely, but it can happen.


 
Posted : 29/04/2014 11:14 am
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Yeah I'm sure I remember being told that being caught pissed on a bicycle would bag you some actual "Grown-up driving licence points"...

Like many of our Road traffic laws this is probably one where the application is so infrequent and patchy, that many people (and Rozzers) don't believe it really exists, a bit like that one about using your mobile while driving...
And effectively they are right, well right up to the point they get caught and prosecuted...

Best bet is probably just to walk, has anyone ever been done for [I]"Being drunk in charge of a pair of feet"[/I]? Probably...


 
Posted : 29/04/2014 11:23 am
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You can be disqualified from driving for offences committed while cycling.

More details please.


 
Posted : 29/04/2014 11:26 am
 hels
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They can only do you for a cycling offence if they can prove it was you. Under UK law there is no obligation to produce ID when stopped, as far as I am aware. In a car, you have to produce your licence, or turn up at a cop shop within 24 hours with it.

I never carry ID on the bike. If stopped, I will give the name of that awful girl who we all hated at school.


 
Posted : 29/04/2014 11:31 am
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There is a piece of legislation that allows a court to disqualify a person from driving as a punishment for any offence. It's purpose/intention is to disrupt criminals who use their vehicles to commit crime - drug dealers for example. So while it is technically correct to say that you can be disqualified for cycling drunk, I don't think it likely as that is not what that legislation is there for.


 
Posted : 29/04/2014 11:32 am
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They can only do you for a cycling offence if they can prove it was you. Under UK law there is no obligation to produce ID when stopped, as far as I am aware. In a car, you have to produce your licence, or turn up at a cop shop within 24 hours with it.

I never carry ID on the bike. If stopped, I will give the name of that awful girl who we all hated at school.

If they suspect you of an offence - let's say, for example, cycling whilst unfit - then if you don't give your name and address, or they think you're lying, then they'll just arrest you. That applies to all offences - don't muddle it up with the obligation for a driver to produce their licence and/or give their details, which is specifically legislated for.


 
Posted : 29/04/2014 11:34 am
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wot the big hairy simian said ^

http://ukcyclerules.com/2010/09/27/can-you-lose-your-driving-licence-for-a-cycling-offence/


 
Posted : 29/04/2014 11:36 am
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Basically, you can't get points on your license, it's not a driving offence. It's ultimately up to the polis to use their discretion, there is no limit, but they can dish out fines.

I looked it up a while ago. Can't mind the specific laws though but I found and read them, and the above basically sums it up.


 
Posted : 29/04/2014 11:37 am
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Rent a house near the pub...


 
Posted : 29/04/2014 11:37 am
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No Steps, no Stiles, no shortcuts.

It doesn't hurt at the time.


 
Posted : 29/04/2014 11:43 am
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Scruff is right.

Why am I not surprised that it's you asking this question snakey.


 
Posted : 29/04/2014 11:52 am
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You can be disqualified from driving for offences committed while cycling.

It might not be very likely, but it can happen.


My car licence does not enable me to ride a bicycle so I would also be interested in details as to how they can drag them across

EDIT: Redundant given I opened this so long ago and got distracted by work


 
Posted : 29/04/2014 11:54 am
 hora
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Why would you cycle drunk or over the limit on a road or pavement?


 
Posted : 29/04/2014 11:55 am
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hora - Member
Why would you cycle drunk or over the limit on a road or pavement?
There isn't any drunk cycling limit.


 
Posted : 29/04/2014 11:56 am
 hora
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So if a driver has an accident with a cyclist who is over the drink drive limit? Its juvenille and 'naughty' to think its alright but its not right is it?


 
Posted : 29/04/2014 11:57 am
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hora - Member
So if a driver has an accident with a cyclist who is over the drink drive limit? Its juvenille and 'naughty' to think its alright but its not right is it?

It's most likely to be the cyclists fault, I don't see where juvenile or naught come into it?


 
Posted : 29/04/2014 12:00 pm
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I'm not actually sure how drunk 'to drunk' is.... I suppose the fact I cant remember riding any of the 12 miles home is probably one to many.. 😳


 
Posted : 29/04/2014 12:03 pm
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If they suspect you of an offence - let's say, for example, cycling whilst unfit

cycling whilst unfit is an offence?
Damn. I've been committing an offence every week for the last 10 years.


 
Posted : 29/04/2014 12:10 pm
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btw I'm not saying there aren't consequences, just that under the law there will be other things that cover a drunk cyclist causing an accident, but it isn't cycling specific. be the same as a drunk pedestrian falling infront of a car for example.


 
Posted : 29/04/2014 12:21 pm
 Del
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you're not required to submit to a breath, blood or sobriety test, so if you don't, then any allegation of drunkenness is difficult to prove. suppose they could always nick you for drunk and disorderly if they were feeling particularly like it.
usual rules apply - 'don't be a dick'.


 
Posted : 29/04/2014 12:29 pm
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...If they suspect you of an offence - let's say, for example, cycling whilst unfit...

Woah! Hang on there, never mind being shitfaced, ALL of my cycling is done while "Unfit" are you telling me I can be prosecuted for cycling while being a bit tubby?

Does it not follow that being drunk in charge of a bicycle indicates an individuals poor attitude to combining Booze and control of wheeled transportation, and hence the Rozzers/CPS could see there way clear to penalizing you as a driver (a licences activity), rather than as a cyclist (a right)?

Can you legally be banned from owning and operating a bicycle on any grounds?


 
Posted : 29/04/2014 1:12 pm
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You need to be riding in an alarmingly poor state or lying on the road next to your bike you crashed to be done.


 
Posted : 29/04/2014 1:23 pm
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It's something we have all done and looking back it's not the best idea, mixing with traffic when drunk is not clever. [Australian Law]After I was run into we were all down the police station and I was breathalysed as I had been involved in a road traffic incident[/AustralianLaw - But they did nick a fair bit from the UK]

I still have a chunk of my thigh that has no feeling in it after trying to jump down a big flight of steps at uni while intoxicated and my new HTII crank fell off - nearly 10 years ago. Thankfully it's didn't hurt as much as it should have at the time.


 
Posted : 29/04/2014 1:31 pm
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Eck, Cooke, you're in good company - I've ridden both to and from a police station whilst unfit hundreds of times, and never been done for it 🙂


 
Posted : 29/04/2014 1:32 pm
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You can be disqualified from driving for offences committed while cycling.

More details please.

Just that really, you can be disqualified from driving, for offences committed while cycling

(Or actually any offence if they see a "sufficient reason")


 
Posted : 29/04/2014 1:59 pm
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You can be disqualified from driving for offences committed while cycling.
More details please.
Just that really, you can be disqualified from driving, for offences committed while cycling

(Or actually any offence if they see a "sufficient reason")

So there isn't a specific law that says 'you can be disqualified from driving if caught drink cycling', just 'you can be disqualified for any reason'.

That's slightly different. Has it ever been applied to a drunk cyclist?


 
Posted : 29/04/2014 4:23 pm
 mrmo
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68
You MUST NOT

carry a passenger unless your cycle has been built or adapted to carry one
hold onto a moving vehicle or trailer
ride in a dangerous, careless or inconsiderate manner
ride when under the influence of drink or drugs, including medicine.
Law RTA 1988 sects 24, 26, 28, 29 & 30 as amended by RTA 1991

Read that bit of the law to find the answer


 
Posted : 29/04/2014 4:31 pm
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snakebite - Member

I'm not actually sure how drunk 'to drunk' is.... I

When the grammar gets too sloppy.


 
Posted : 29/04/2014 4:39 pm
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So there isn't a specific law that says 'you can be disqualified from driving if caught drink cycling', just 'you can be disqualified for any reason'.

A court has the power to disqualify you from driving for offences committed while you are cycling.

I'm not sure how I can make it any clearer ?

The court needs "sufficient reason" to link an offence to you driving license, but an offence committed on public roads would be enough if the court wanted to go that way.

That's slightly different

Different from what ?

Has it ever been applied to a drunk cyclist?

No idea.


 
Posted : 29/04/2014 4:52 pm
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It is a summary offence of being drunk in charge of a pedal cycle, there is no lower or upper limit so it would be for the officer who stops you to deem you drunk or not.

Drink drive law relating to motor vehicles is specifically about driving whilst the amount of alcohol in your system is above a legal limit hence the requirement to provide samples for analysis


 
Posted : 29/04/2014 4:53 pm
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A court has the power to disqualify you from driving for offences committed while you are cycling.

I'm not sure how I can make it any clearer ?

The court needs "sufficient reason" to link an offence to you driving license, but an offence committed on public roads would be enough if the court wanted to go that way.

So what you mean is that while, in theory, a court can disqualify you from driving for any offence, including cycling while drunk (or, perhaps, not having a pedal reflector). They never ever have done with respect to cycling while drunk.

HTH


 
Posted : 29/04/2014 4:59 pm
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So what you mean is that while, in theory, a court can disqualify you from driving for any offence, including cycling while drunk (or, perhaps, not having a pedal reflector). They never ever have done with respect to cycling while drunk.

Well, in the first bit, you've just repeated what I've already said.

And the second bit (about it never happening) is just a guess I presume ?

HTH

Not sure it does really ?


 
Posted : 29/04/2014 5:17 pm
 Alex
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I did get caught once. By an entire police van 😉

http://pickled-hedgehog.com/?p=416

They let me off tho. Mainly because they were laughing so much!


 
Posted : 29/04/2014 5:31 pm
 poly
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hels - Member
They can only do you for a cycling offence if they can prove it was you.
Cycling drunk is an arrestable offence (s30 RTA) so your name is irrelevant when you are in the cells.

I never carry ID on the bike. If stopped, I will give the name of that awful girl who we all hated at school.
You may have been joking, but for the avoidance of doubt providing false details would amount to Attempting to Pervert the Course of Justice. Cycling drunk does not carry a prison sentence - but APCOJ certainly can.


 
Posted : 29/04/2014 6:01 pm
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Depends on the policeman/woman on the day/night

Same as any law enforced in the UK


 
Posted : 29/04/2014 6:05 pm
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The [b]riding while unfit [/b]offence carries a maximum fine of £1000. (RTOA s.9, Sch 2)

The [b]drunk in charge [/b]offence carries a maximum penalty of £200 or (at the moment) one month in prison (LA 1872, s.12).


 
Posted : 29/04/2014 6:17 pm
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Where are you going with the second one? That's to do with being pissed, not cycling pissed.


 
Posted : 29/04/2014 6:29 pm
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Where am I going with it ?

Can't see how it's not relevant to what is being discussed.

Being drunk in charge is an offence.

Riding while incapable is an offence.


 
Posted : 29/04/2014 6:41 pm
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You refer to Section 12 of the Licensing Act 1972. The first part of that applies to a person found drunk in a highway or other public place.

Are you looking at the second part which applies to a person who is drunk while in charge....of any carriage, horse etc., and thinking that a bicycle counts as a carriage?


 
Posted : 29/04/2014 6:50 pm
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My personal rule is, that if I'm drunk enough to think that cycling home while holding a full pint is a good idea, I've had more than enough.

Not much of the beer made it home.


 
Posted : 29/04/2014 6:53 pm
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You refer to Section 12 of the Licensing Act 1972.

It's 1872 actually 😉

....hinking that a bicycle counts as a carriage?

How does it not ?


 
Posted : 29/04/2014 6:55 pm
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The riding while unfit offence carries a maximum fine of £1000. (RTOA s.9, Sch 2)
The drunk in charge offence carries a maximum penalty of £200 or (at the moment) one month in prison (LA 1872, s.12).

And the limit for these offences is?

So if I go out with a mate, who doesn't drive, I can be banned from driving (because I have a license) but my mate will just get a fine?


 
Posted : 29/04/2014 6:57 pm
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Yes, 1872, my apologies!

Whether a bicycle counts as a carriage or not for that part of the offence is a moot point - it was repealed almost 50 years ago.


 
Posted : 29/04/2014 7:01 pm
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Not all of it.

Most of the 1872 Licensing Act has been superseded but some of it remains in force.

The law still creates an offence of being drunk in public and of being drunk in charge of a carriage - since reinterpreted to include bicycles.

The crime has a maximum penalty of £200 or 51 weeks in prison.

From a news story in 2009 when it was used to prosecute a pensioner using a mobility scooter.


 
Posted : 29/04/2014 7:11 pm
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And the limit for these offences is?

There is no limit set in regard to blood alcohol level.

You need to be in proper control, it's at the discretion of the police at the time.

So if I go out with a mate, who doesn't drive, I can be banned from driving (because I have a license) but my mate will just get a fine?

No, you can both get the same.

The wording is "banned from holding or obtaining a driving license"

You don't need to hold a license to get banned.


 
Posted : 29/04/2014 7:14 pm
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No not all of it, but the second half of Section 12 - the bit about carriages - has been. From the big electronic law book on my computer.

EDIT - Scratch that. Neal, you're quite right, it stands. Only some bits of the carriage part of S12 were repealed. My apologies.


 
Posted : 29/04/2014 7:18 pm
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My apologies

No worries.

Google trumps "big electronic law book" 😉


 
Posted : 29/04/2014 7:32 pm
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It certainly trumps misinterpreting the footnotes of big electronic law book.


 
Posted : 29/04/2014 7:35 pm
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hora - Member
Why would you cycle drunk or over the limit on a road or pavement?

Probably because you're drunk, I should think. Not complicated, is it.


 
Posted : 30/04/2014 7:33 am
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It is a summary offence of being drunk in charge of a pedal cycle, there is no lower or upper limit so it would be for the officer who stops you to deem you drunk or not.

Drink drive law relating to motor vehicles is specifically about driving whilst the amount of alcohol in your system is above a legal limit hence the requirement to provide samples for analysis

Hmmmm, So it's more of a qualitative than quantitative measure.

I could ride a bicycle home five times over the Drink [U]Drive[/U] limit, but so long as I manage to Ride in a fashion close enough to that of a sober cyclist, and not arouse police suspicions then I'm golden... Conversely I could be a total lightweight and find myself all over the place after half a shandy, jump on the Dandy-horse and if the Po-Po don't think I'm pedalling straight enough then I can be done...

Units consumed isn't necessarily what earns you points, Her Majesty's Constabularies assessment of the standard of your cycling is...

So we're pretty much all safe then, who fancies a pint?


 
Posted : 30/04/2014 8:23 am
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Nothing to do with being drunk on a bike, but I always thought it was a bit harsh when a bloke was banned from driving for warning drivers of a speed camera ahead.

[url= http://www.telegraph.co.uk/news/uknews/1463472/Motorist-is-banned-over-speed-trap-alert.html ]Motorist is banned over speed trap alert[/url]


 
Posted : 30/04/2014 8:30 am

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