Drink-cycling...what's the law?
- Thread starter comstock
- Start date
pogofish
Testicle Hairstyle
From here:
http://www.criminal-solicitors.com/bicycles.htm
So it looks like even pushing a bike when drunk is an offence.
In addition, if you have a licence, IIRC, a Scottish court can ban you from driving any other type of vehicle as well.
http://www.criminal-solicitors.com/bicycles.htm
So it looks like even pushing a bike when drunk is an offence.
In addition, if you have a licence, IIRC, a Scottish court can ban you from driving any other type of vehicle as well.
pogofish said:
fair enough, but how do you define 'drunk'? For instance a couple of pints is more than enough to affect your drivng abilty and (rightly) put you over the limit for a car.
But most people are nowhere near 'drunk' after one or 2 pints. I , personally don't think people are a danger to anyone after a couple of pints on a pushbike on a quiet road, but is it illegal?
pogofish
Testicle Hairstyle
I'm pretty certain they can brethalise you & use the drink-driving limits as a basis for a charge. Being drunk is a pretty subjective matter in the eyes of the police as well. I've known more than a few non-drunk people who were convicted of D&D/Breach of th Peace solely on the word of a police officer. All they need is to smell booze & for many non-road crimes, they don't have to call-in a doctor to take a blood test to confirm. 
The offence is being drunk in charge of a pedal cycle under s.12 Licensing Act 1872 as quoted by pogofish.
"Drunk" is a question of fact for the Court. A police officer would be able to give evidence of opinion on the question as they are legally accepted as "expert witnesses" on drunkeness. The evidence would normally need to be factual - glazed eyes, alcohol of breath, unsteady on feet, slurred speech, unsteady riding etc - and opinion - "They were drunk". The decision would be one of fact, for the Court. There is no objective line in the sand so we can known when we are, and are not, "drunk".
Other cycling offences (such as riding recklessly or without due care and attention) also apply, whether drunk or not although they are "fine only").
Most of the rest is urban myth and bollocks.
There is no requirement for a licence to ride a pedal cycle. Thus you cannot be banned. I guess if you made it a habit, repeated drunk cycling could be "anti-social behaviour" and hence be ASBO'd or similar.
So far as I am aware your driving licence cannot be endorsed for cycling offences (I am aware that there are various stories about coppers threatening to do so. This may be due to (a) ignorance or (b) an attempt at humour or wind-up.)
There is no power to require a breath, blood or urine sample. There is no official "limit" for alcohol in breath, blood or urine when cycling and thus no offence of "cycling over the limit".
"Drunk" is a question of fact for the Court. A police officer would be able to give evidence of opinion on the question as they are legally accepted as "expert witnesses" on drunkeness. The evidence would normally need to be factual - glazed eyes, alcohol of breath, unsteady on feet, slurred speech, unsteady riding etc - and opinion - "They were drunk". The decision would be one of fact, for the Court. There is no objective line in the sand so we can known when we are, and are not, "drunk".
Other cycling offences (such as riding recklessly or without due care and attention) also apply, whether drunk or not although they are "fine only").
Most of the rest is urban myth and bollocks.
There is no requirement for a licence to ride a pedal cycle. Thus you cannot be banned. I guess if you made it a habit, repeated drunk cycling could be "anti-social behaviour" and hence be ASBO'd or similar.
So far as I am aware your driving licence cannot be endorsed for cycling offences (I am aware that there are various stories about coppers threatening to do so. This may be due to (a) ignorance or (b) an attempt at humour or wind-up.)
There is no power to require a breath, blood or urine sample. There is no official "limit" for alcohol in breath, blood or urine when cycling and thus no offence of "cycling over the limit".
Mrs Magpie
On a bit of break...
So what's the deal with 'drunk in charge'?
Am I right in thinking you can be done for drunk in charge of bike/child/whatever?
Am I right in thinking you can be done for drunk in charge of bike/child/whatever?
s.12 Licensing Act 1872 (and there may be a couple from the Licensing Act 1902) includes (or at least did so until fairly recently and I haven't noted any changes): drunk in a public house, drunk in the street, drunk in charge of a carriage, pedal cycle, steam engine, child (under 12yrs I think), horse and / or cattle (getting a bit vague now...) and, I seem to remember, firearm.Mrs Magpie said:
i_hate_beckham
Him From A Village
You could move to Ramsay Sreet.JTG said:Tempting but they may not let me come back.
Imagine that, having to spend the rest of my days with only Australians for company
in practice, it may be a fine or, sometimes, a conditional discharge. I'd worry more about your health and coming home in one piece than the law. magistrates have more serious crimes to deal with.
Mrs Magpie said:
An old friend's father was done for "drunk in charge of a horse".
AFAIK the law is pretty much the same s for driving a car and you can also lose any driving licece you hold.
Locally to me, the police have been VERY active in stopping cyclists near pubs that are on cycle paths.
I admit I've ridden home twice when drunk.
I won't be doing it again as I almost caused an accident once and was very frightened the second time.
No. It isn't. Read post #8. If you are saying what I posted is wrong, please provide sources.Isambard said:
Is is compulsory to post without reading the fucking thread first now? Haven't checked FAQ's recently ...
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