Cycling Law...Definition and Penalties.

[Vikeonabike]

I hope to make this into a Sticky....My intention is to produce a list of Offences, legislation and possible penalties (not Penalty points on your Driving Licence) for said Offence....



Starting from the top.



Death by dangerous cycling: This offence does not currently exist, however there are moves to have the offence introduced. If introduced it would come under the road Traffic Act 1981
___________________________________________________________________________________________


Dangerous Cycling: Section 28 of the Road Traffic Act 1981

(1) A person who rides a cycle on a road dangerously is guilty of an offence.

(2) For the purposes of subsection (1) above a person is to be regarded as

riding dangerously if (and only if)—

(a) the way he rides falls far below what would be expected of a

competent and careful cyclist, and

(b) it would be obvious to a competent and careful cyclist that riding in

that way would be dangerous.

(3) In subsection (2) above “dangerous” refers to danger either of injury to any

person or of serious damage to property; and in determining for the purposes

of that subsection what would be obvious to a competent and careful cyclist in

a particular case, regard shall be had not only to the circumstances of which he

could be expected to be aware but also to any circumstances shown to have

been within the knowledge of the accused.”

Upto £2000 Fine

__________________________________________________________________
Carless and inconsiderate Cycling: Section 29 of the Road Traffic Act 1988

(1) If a person rides a cycle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.In this section "road" includes a bridleway.

(2) For the purposes of subsection (1) above a person is to be regarded as

riding dangerously if (and only if)—

(a) the way he rides falls far below what would be expected of a

competent and careful cyclist, and

(b) it would be obvious to a competent and careful cyclist that riding in

that way would be careless or incosiderate.

(3) In subsection (2) above “Careless and / or inconsiderate” refers to danger either of injury to any

person or of damage to property; and in determining for the purposes

of that subsection what would be obvious to a competent and careful cyclist in

a particular case, regard shall be had not only to the circumstances of which he

could be expected to be aware but also to any circumstances shown to have

been within the knowledge of the accused.”

Upto £1000 Fine


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Cycling when under influence of drink or drugs(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.



And don't think you can get away by pushing your bike when too drunk to ride

The Licensing Act 1872 makes it an offence to be drunk in charge of a bicycle (or any other vehicle or carriage) on a highway or in a public place.

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S.24 Restriction of carriage of persons on bicycles.

(1)Not more than one person may be carried on a road on a bicycle not propelled by mechanical power unless it is constructed or adapted for the carriage of more than one person.

(2)In this section—

(a)references to a person carried on a bicycle include references to a person riding the bicycle, and

(b)“road” includes bridleway.

(3)If a person is carried on a bicycle in contravention of subsection (1) above, each of the persons carried is guilty of an offence


£30 Fine (each)

 

[david1701]

I reckon its dumb that its illegal to push your bike home, tbf I dont think drink cycling is the worst offence in the world though.....................................................

 

[ColinJ]

tbf I dont think drink cycling is the worst offence in the world though.....................................................

Okay, it is not as bad as murder, but being so badly under the influence that you fall off in front of an overtaking motorist who swerves to avoid you and causes a fatal crash - that's pretty damn serious!

 

[Vikeonabike]

Never said this was going to be a rights and wrongs....It will, hopefully be an exhaustive list of cycling related offences. Some important, some trivial....Some probably haven't been used in eons...some are enforced everyday!

 

[david1701]

Okay, it is not as bad as murder, but being so badly under the influence that you fall off in front of an overtaking motorist who swerves to avoid you and causes a fatal crash - that's pretty damn serious!

aye I don't think I'd ever risk it if I lived somewhere urban, but I've never met a car on the way home from the pub and wouldn't ride if walking was hard work

 

[gaz]

This is worth a read UK Cycle Rules
Not covering the same thing as Vike, but still interesting to read

 

[Poacher]

Probably also worth looking at Carlton Reid's page">Carlton Reid's page on Bikehub.

 

[Poacher]

Having made a right bog-up of that, I'll try again: Carlton Reid's page




Let that be a warning about excessive consumption of alcohol; it's not even as if Lidl's £2 off for 6 bottles of wine is worth ttaking advantage of - it just encourages drunkenness ......................hic!

 

[chillyuk]

As a point of interest are there any bicycle related offences that could lead to points on a driving licence, or a future one if you don't have a licence at present.

 

[gaz]

As a point of interest are there any bicycle related offences that could lead to points on a driving licence, or a future one if you don't have a licence at present.

no


Interestingly there is this case...

Supermarket worker Darren Hall, 20, cycled down a hill in Weymouth, Dorset, too fast and rode on to the pavement, Dorchester Crown Court heard.

Hall was said to be riding "like a bat out of hell" when he hit Ronald Turner in August 2008. He died 13 days later.

Hall, of Weymouth, pleaded guilty to the 19th Century offence of wanton and furious driving causing bodily harm.


He was also banned from driving for a year. Hall had admitted the offence at an earlier hearing.

 

[youngoldbloke]

As a point of interest are there any bicycle related offences that could lead to points on a driving licence, or a future one if you don't have a licence at present.

- but note that the rules for 'e-bikes' are different: see ukcyclerules.com

 

[Vikeonabike]

Virtually impossible to prove if some one is too drunk to ride a bike. Remember our drink driving laws have nothing to do with being drunk, it is driving a motor vehicle with too little blood in your alcohol system.

Afraid not...Although a breathalyser could be used, the evidence would be subjective and down to the offenders physical condition.

 

[Cubist]

Afraid not...Although a breathalyser could be used, the evidence would be subjective and down to the offenders physical condition.

Which, believe it or not, can be the expert opinion of a police officer. Apparently we can spot drunks where members of the public can't!

All we have to do is show some form of impairment, and put that together with evidence that the person has consumed alcohol. In cases such as cycling and being drunk in a street or any other offence with drunkenness in the title there is, according to the law, no need for the police to quantify** the amount of alcohol.

So, it would be sufficient** for a police officer to provide a statement to the effect that "the cyclist's eyes were glazed, his speech was slurred, and he was wobbling around between primary position and the town hall steps. He didn't even notice that his pedal reflector had fallen off. When I asked him about the pedal reflector law he looked confused and I could smell intoxicants on his breath."

Thus having proved impairment and alcohol together, that evidence would suffice.

**However, magistrates and some members of the public have a nasty habit of listening to the feeble protestations and downright lies the defence, and will occasionally want corroboration of that drunken state. The debate starts at the drink driver limit of 35mcg alcohol per 100ml breath. I can envisage that a decent defence solicitor will want a cop to quantify the amount of alcohol, whereas the law simply wants us to prove impairment, which isn't dependant on quantity of alcohol consumed.

 

[Banjo]

no


Interestingly there is this case...

I may be wrong here but I vaguely remember the driving ban was later cancelled as it wasnt lawful.

PS I cant find any thing further by googling so suspect i may be wrong .

 

[snibgo]

I've put up a list of UK Act and Regulations: http://forum.ctc.org...=458868#p458868