The 'real' law on cycling while under the influence…
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 3 years ago
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 3 years agorichmarsSubscriber
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 3 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Most of the 1872 Licensing Act has been superseded but some of it remains in force.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.Posted 3 years ago
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 3 years ago
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 Only some bits of the carriage part of S12 were repealed.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 3 years agocookeaaSubscriber
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 Drive 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 3 years ago
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