Misinformation on drinking alcohol and cycling.

[Brandane]

Legally you can be done under the Licencing Act 1872:-



But more usually under the Road Traffic Act 1988:-



You aren't likely to get done though unless you have caused a problem (e.g. damaged property, caused an accident etc) although the same could be argued of cars.

Yebbut... a bicycle is not a "mechanically propelled vehicle" under road traffic laws.
And... being "drunk" on a public highway, I think we all agree that is against the law, but is completely different from being over a prescribed limit.

 

[Ming the Merciless]

Driving, or being in charge, when under influence of drink or drugs.
(1)A person who, when driving or attempting to drive a mechanically propelled vehicle] on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(2)Without prejudice to subsection (1) above, a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(3)For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a mechanically propelled vehicle] if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.

(4)The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicle.

(5)For the purposes of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.

(6)A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this section.]

(7)For the purpose of arresting a person under the power conferred by subsection (6) above, a constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.]

A bicycle isn’t a mechanically driven vehicle. You can no more be done by this law than you can be done if pushing your mate along in a supermarket trolley.

 

[Randomnerd]

I gave up The Drink.
My new dilemma: what to do with my Crashable Bike?
Its a Diamond Back Ascent Ex with biopace and cow horns for a safe ride, covered in lights and reflective tape.
The one I could get away with riding into a hedge, or sleeping in a verge with.
So grateful that is all over now. Riding drunk is bloody stupid.

 

[icowden]

A bicycle isn’t a mechanically driven vehicle. You can no more be done by this law than you can be done if pushing your mate along in a supermarket trolley.

Yep sorry - wrong section: Cycling is section 30:-

30Cycling 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.

(2)In Scotland a constable may arrest without warrant a person committing an offence under this section.

 

[Brandane]

Yep sorry - wrong section: Cycling is section 30:-

But, again, you would need to be pretty much sh1t faced to fall foul of that law. Not just a case of riding home after a few pints.

 

[glasgowcyclist]

It's worth making the distinction (in relation to driving) between the states of being drunk and being over the prescribed limit.

It's entirely possible for someone to be prosecuted for drunk driving (S4 RTA) but have a blood/alcohol level below the prescribed limit. Similarly, police may have stopped you for a road traffic offence, with no evidence of any impairment to your driving, yet breathalyse you and find you are above the prescribed limit (S5 RTA).

I should also point out that the limit in Scotland (22 micrograms per 100 millilitres of breath) is far below that for England, Wales and N. Ireland (35 micrograms/100ml).

 

[Pale Rider]

Interesting that many of our Scottish correspondents are so engaged with this topic.

Not that I would ever seek to reinforce national stereotypes.

 

[matticus]

Interesting that many of our Scottish correspondents are so engaged with this topic.

Not that I would ever seek to reinforce national stereotypes.

Are you suggesting they listen to a lot more local radio? I hope you have the facts to back that up!

Just been listening to Radio Clyde 2, and a discussion about whether or not it is illegal to be drunk in charge of a donkey.
One of the studio participants took the view that yes, it is illegal, because "it's like drink cycling, which is the same as drinking and driving, so don't do it."

I'm not (yet) too interested in drunken donkey riding, but this post does highlight a pet peeve; broadcasters making proncouncements as if they're some sort of authority. It could be the law, astronomy, vacciinnes, nutrition; they'll have a discussion (either with a guest, or a phone-in listener, or just a typical breakfast party cage), and whatever the conclusion, they'll broadcast it as if fact. No self-awareness of what areas they know fark-all in!

 

[glasgowcyclist]

Interesting that many of our Scottish correspondents are so engaged with this topic.

Not that I would ever seek to reinforce national stereotypes.

Scottish members discuss Scottish radio station topic.

How many members of CC outwith Scotland have even heard of Radio Clyde?

 

[Pale Rider]

Scottish members discuss Scottish radio station topic.

How many members of CC outwith Scotland have even heard of Radio Clyde?

I'd heard of it, and may even have listened to it while I was station hopping in my hotel room during my last visit.

Having a scope around local radio is part of the fun for me of visiting a different area.

 

[byegad]

Falling on a pub pike could be very dangerous indeed

Damn pikes! They should stick to the rivers and lakes and let the rest of us use the road.

 

[vickster]

Damn pikes! They should stick to the rivers and lakes and let the rest of us use the road.

I refer you to post #9

 

[classic33]

I refer you to post #9

Don't give him your name...

 

[Ming the Merciless]

What travels at 80 mph along the bottom of rivers?

A motor pike 🤪

 

[bruce1530]

I'd heard of it, and may even have listened to it while I was station hopping in my hotel room during my last visit.

Having a scope around local radio is part of the fun for me of visiting a different area.

Clyde 2. Hmmm...

True story (allegedly)

Back in the early days of Clyde - when they were still based in Glasgow, at Anderston Cross, there was a write-in competition. Remember them - where you wrote your answer on a postcard, or the back of a stamped addressed envelope...

And today’s write-in competition is an easy one - which singer sang “Boom-Bang-A-Bang” in the Eurovision Song Contest? Write your answer on a postcard, or the back of a stamped addressed envelope, and send it to “Lulu Competition, Radio Clyde, Box 261, Glasgow"