Speeding cyclist and Highway Code Rule 69

[jarlrmai]

There's a longish downhill 20 mph limit in our town where freewheeling will have you doing over 20 (at least according to my Garmin) you'll still get over taken by drivers though. Interestingly it goes past the police station as well.

 

[Racing roadkill]

Bicycles are not legally required to have speedometers fitted. How would a cyclist know how fast they were going?

 

[Racing roadkill]

I know cyclists who have, on occasion, been 'spoken to' by plod, for setting off speed cameras, on certain stretches of road. Not a single one, that I'm aware of, has ever been actually 'done' for anything though.

 

[GrumpyGregry]

The good old government website is more explicit

Speed limits

You must not drive faster than the speed limit for the type of road and your type of vehicle. The speed limit is the absolute maximum - it doesn’t mean it’s safe to drive at this speed in all conditions.

A speed limit of 30 miles per hour (mph) or 48 kilometres per hour (km/h) usually applies, unless you see signs showing otherwise.

my italics.

 

[glasgowcyclist]

There's never been any problems or concerns about it with the public but it could certainly be classed as furious riding.

If you're referring to the offence of furious or wanton driving, then that won't be relevant unless there's been bodily harm as a result.
It can't be used for merely fast riding or driving.

 

[glasgowcyclist]

The point about bikes not having speedometers, which always crops up when this is discussed, is a bit irrelevant. Other countries have bike speed limits. As noted above there are places in the UK where bike speed limits apply. The fact that the cyclists don't necessarily have any feedback on their speed is the cyclists' problem, not the law's.

@glasgowcyclist I'm fairly certain that a furious or wanton driving charge does not require bodily harm to have resulted, and that it can be used for fast or dangerous riding. It appears that a chap was fined for riding furiously at 25mph in Cambridge in March 1997 linky No mention of any harm having resulted.

Thanks, that's a new one on me! But it's a different offence to that of furious or wanton driving I referred to, as specified by S35 of the Offences against the Person Act 1861:

"Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanour..."

That does require bodily harm as an element.

The example you've given is furious driving under the Town Police Clauses Act 1847 where no injury is required.

That case seems to have been some cop wanting to make life difficult for someone by using what I'd assume is a rarely applied old statute. As the blog writer states, would he have charged a car driver with the same offence for the same speed? I wonder if the accused ever did go to jail or paid the fine.

 

[DaveReading]

The good old government website is more explicit

Speed limits

You must not drive faster than the speed limit for the type of road and your type of vehicle.

I doubt that was actually written with cycles in mind, it's more relevant to vehicle-specific speed limits like those for HGVs, trailers, etc.

 

[glasgowcyclist]

I don't think the 'furiously' has anything to do with the pedalling action, rather the manner of driving the carriage in question.

 

[Racing roadkill]

For a bike, the law would have to try and make something other than exceeding a speed limit apply. The defence that you couldn't tell what speed you were doing would hold, if the speed was inappropriate for the conditions, it doesn't matter so much, what that speed was.

 

[Firestorm]

The good old government website is more explicit

Speed limits

You must not drive faster than the speed limit for the type of road and your type of vehicle. The speed limit is the absolute maximum - it doesn’t mean it’s safe to drive at this speed in all conditions.

A speed limit of 30 miles per hour (mph) or 48 kilometres per hour (km/h) usually applies, unless you see signs showing otherwise.

my italics.

I reckon thst the type of vehicle bit relates to the reduced speed limits for thar larger vehicles , or those towing

 

[Ming the Merciless]

Are you daring to doubt what a bloke told me about 35 years ago? He definitely said "furious pedalling". I think.

He'll be doubting the furious pedalling bit as the 19th Century law in question applies to carriages and is not bike specific. So whilst your friend may have said furious pedalling that is not the law.

 

[glasgowcyclist]

Are you daring to doubt what a bloke told me about 35 years ago? He definitely said "furious pedalling". I think.

Oooh, far be it from me...

 

[mustang1]

I'm afraid that is the old version. It has recently been updated but it seems car drivers think it applies to them as well:

Under 'Rules for cyclists'
Rule 69
You MUST obey all traffic signs and traffic light signals unless you are in a hurry.

 

[glasgowcyclist]

Someone else has come back pointing to rule 69 of the Highway Code

Ask that person to specify the relevant act and applicable section that would be used to charge a cyclist with speeding. Speeding is covered by the Road Traffic Regulation Act 1984 and every reference in it is to drivers of motor vehicles, not bicycles.

 

[growingvegetables]

And I'd another Audiot tonight "suggesting I needed to study the Highway Code" (that is a generous translation of his speech - into language acceptable for the forum).

Stupid b@st@rd - hadn't a ****ing clue about how cyclists dissect the minutest of minutiae, and can quote chapter-and-verse. Oh, and explain each of the revisions over the last 20 years.