Ok, as I understand it cycling on a public highway is an offence punishable by a fixed penalty fine but as it’s not covered by the road safety act incurrs no penalty points on one’s licence. However, I was talking to a bloke in the pub the other night who said his mate know’s a bloke who’s brother once drank with a guy who’s auntie new a woman who’s son once worked with a bloke who got points on his licence for said offence which took him over the points limit getting him a ban. I argued this wouldn’t have been the case but the guy was adamant it happened. I’m dying to prove him wrong* but can’t find a definitive interpretation of the law on this.

Anyone got a link to something put down in black and white?

*also willing to be proved wrong myself

You can get fined for being drunk on a bike but it is not an endorsable offense.

I have heard of people getting points for drunk cycling but I cannot see how it could be done

I suspect bullshine

My understanding is the same as TJs, tho I am no expert.

http://www.bikehub.co.uk/featured-articles/cycling-and-the-law/

(Scroll down to the Cycling while drunk part)

You can’t get points or endorsement on a vehicle licence if you get “done” while riding a bike.

I too have heard friends of friends who gotten points for drunk cycling. One even who didn’t have a license but would get given them immediately when he did?? I’m with TJ on this one….

what about people with no license?

Yeah.. cobblers. Drunk in charge I think, but you cant get points… what would happen if you didn’t have a license for example.

Section 30 of the Road Traffic Act 1988, as amended by the Road Traffic Act 1991, provides the offence of cycling on a road or public place whilst under the influence of drink or drugs. It states:
30(1) A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.

NOTES

(i) The evidence of the extent to which a person is affected must be measured by means other than the provision of a specimen of breath, blood or urine, as there is no power to require such a specimen in these circumstances. However, if such a specimen was offered, it is probable that the evidence obtained by analysis of the specimen would be admissible.
(ii) In Scotland a constable may arrest without warrant a person committing an offence.
(iii) In England and Wales a constable may only arrest without warrant in accordance with the powers of arrest set out in section 24 of the Police and Criminal Evidence Act 1984. In such an instance, that power might be exercised where a satisfactory address has not been furnished, or the constable has reasonable grounds for believing that arrest is necessary to prevent such a person causing physical injury to himself or any other person (see also other conditions in s24 of PACE).
(iv) The absence of a specific power of arrest in England and Wales affects the ability of the police to present any form of medical evidence of the accused’s condition.
(v) There is no offence of ‘being in charge’ of a cycle under the Road Traffic Acts, but such conduct may well be an offence of drunk in charge of a carriage under section 12 of the Licensing Act 1872. A bicycle or tricycle is a carriage for the purpose of that section.

Edit – it looks like there may be a raely used bit of law that allows a magistrate to endorse a lisence for any offense so maybe used this. I shall google further

Well you can be issued a non-endorsable fixed penalty notice (like a parking ticket) for lots of things like littering / nuisance behaviour / etc, which the failures for not paying are worse than the original offence, which was slightly unfair and IIRC its been cracked down on recently.

So yes a driving licence can’t be endorsed by a non-motoring offence … until I vaguely remembered a story a few years ago of a fella getting points on his licence for having a noisy dog (google failed me and CBA looking any more). So I’m not sure now 🙂

The story in the OP is true – he’s a friend of a guy who knows somebody, apparently very outgoing which is why everyone almost knows him. Strictly speaking you can’t get a motor vehicle license endorsed for an offence committed on a push bike, but he got done on a technicality; the bike he was riding was still attached to the roof rack of his car.

Hmm, seems to be a bit of a grey area this. There’s plenty of literature about to tell you it’s an offence but I can’t find anything in print to say what the punishment is or how it would be dealt with. I was always under the impression it was written down in black and white that you’d get a fixed penalty fine and a slap on the wrists (assuming you hadn’t harmed anyone/thing in the process obviously).

I once RLJ’d (which I never did when sober) in London right next to a transit full of Met Police 😉 They pulled me over unsurprisingly and quoted me most of that ending with “are you aware it is an offence to be drunk in charge of a bicycle Sir”

“Oh” I replied with the bravado of the extremely trolley’d “I wouldn’t say I’m in control of it”

Much laughing in the van. Sent home with a flea in my ear. Might have been the same night I bear hugged an innocent man in a merc when I clipped his wing mirror. It was meant to be an apology but I sort of fell in through the window 😉

Lucky to be alive really.

“Oh” I replied with the bravado of the extremely trolley’d “I wouldn’t say I’m in control of it”

Love it!

As I had explained to me by a cop, and the above seems to back up: if you have a few you are not committing an offence and you don’t have to give a breath sample anyway. BUT if you are a danger to yourself or others you can be arrested if you carry on. No mention of fines or anything.

In Somerset, you can legally ride a cow whilst pissed*

*maynot be true.

I recall cycling back from the pub a couple of years ago. Took the off road route without lights and ended up lying in a massive pile of brambles after a rather drunken crash. Not a massive problem except it was so dark and I was so pissed that I had major trouble finding the bike afterwards 😐

More than once apparently: http://pickled-hedgehog.com/?p=123

I’m so glad I don’t commute in London anymore 😉