Forum menu
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?
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.
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 ?
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?
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Whether a bicycle counts as a carriage or not for that part of the offence is a moot point - it was repealed almost 50 years ago.
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Most of the 1872 Licensing Act has been superseded but some of it remains in force.The law still creates an offence of being drunk in public and of being drunk in charge of a carriage - since reinterpreted to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.
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.
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 Only some bits of the carriage part of S12 were repealed.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.
My apologies
No worries.
Google trumps "big electronic law book" 😉
It certainly trumps misinterpreting the footnotes of big electronic law book.
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.
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?
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]