riding a bike whilst drunk

[mollykins]

it's a long story, but in maths we were all (all 6 of us including the teacher) wondering if you could be arrested for being over a limit of alchol in your blood if you were on a pedal bike, and if so what would they arrest you for, or would it just be a fine?

[heathfield]

Brings to mind A.P.Herbert's very funny book of 'Misleading Cases'. The defendant, Haddock, has been had up for riding home drunk, at night, on the back of a cow without showing a red light to the rear !! He got off with it, as the judge in his wisdom ruled that ''A cow is not a bicycle!''

[DTCwordfan]

there was a case a couple of years ago where they arrested a guy for d and d; he had used his lawnmower to go to the pub........still a vehicle, as is a bicycle when it comes to booze -or a child in a pram

[DTCwordfan]

http://www.telegraph....n-toy-Barbie-car.html

even gets worse

[ABerrant]

A bicycle is not a motor vehicle (although in law that Barbie car is).

Schedule 2 of the Road Traffic Offenders Act 1988 lists punishments for traffic offences.

Summary conviction of S.30 RTA 1988 "Cycling when unfit through drink or drugs" has a maximum fine of £1000 (Level 3 on the Standard Scale) with no option for disqualification, points or endorsement.

http://www.legislatio...ga/1988/53/schedule/2

[mollykins]

Imagine trying to police people who might have been banned from cycling!

[ruthann58]

best i walk down the pub tonight molly

[New Judge]

Yes, AB. ChuckFickens is, I’m afraid, completely mistaken.

Although magistrates (and of course judges) have the power to disqualify from driving anybody convicted of any offence (not necessarily driving offences) they would normally have to be satisfied that the offence was linked to driving a motor vehicle. For example, a person convicted of a series of burglaries who can be shown to have used a motor vehicle to effect his escapes may face a ban. However to ban somebody convicted of being drunk in charge of a cycle (or a horse or a child) is stretching that principle too far and such a penalty would almost certainly not be imposed (or if it were, an appeal would almost certainly succeed).

Riding a cycle does not require a license and there is no provision to link an offence of drunk in charge of a cycle with a driving licence needed to drive a motor vehicle as CF suggests. There is also no provision to ban a person from riding a bicycle. The excess alcohol legislation (Section 5 of the Road Traffic Act) applies specifically to motor vehicles:

Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.

(1) If a person—

(a) drives or attempts to drive a motor vehicle on a road or other public place, or

(b) is in charge of a motor vehicle on a road or other public place,
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.


This could not be applied to a cycle rider. As I said earlier, there is no power to compel a cyclist to take a breath test at the roadside and all the accompanying procedures (further breath tests, blood tests, urine tests etc.) are not applicable.

In short, as AB has said, a maximum fine of £1,000, though in reality far less than that and I imagine (though have not checked) that this is an

[New Judge]

..an offence for which a fixed penalty may be offered.

[tamborine]

You only be arrested on the highway.....your safe sailing, molly :)

[mollykins]

Tamborine that's a good (unintentional point) can you get arrested for being drunk when sailing, or only if the boat has a motor? What about if it's a yacht with a motor but you're only using the sails?