Drunk in charge of a bicycle?

kevdo

Hi, can anyone tell me if you can be charged for being drunk in charge of a bicycle,and lose your driving licence. a guy at work says he knows someone who has,but i have my doubts.
Thanks.

alfablue

The Licensing Act 1872 makes it an offence to be drunk in charge of a bicycle (or any other vehicle or carriage, or cattle) on a highway or in a public place but this old law also forbids any public drunkenness - even in a pub - so is clearly never enforced.

In law a bicycle is defined as a carriage for use on the highway but cyclists are not in charge of 'mechanically propelled' vehicles so, in law, do not have to adhere to exactly the same 'drink drive' rules as motorists.

Section 30 Road Traffic Act 1988 says: "It is an offence for a person to ride a cycle on a road or other public place when unfit to ride through drink or drugs - that is to say - is under the influence of a drink or a drug to such an extent as to be incapable of having proper control of the cycle.

In Scotland a PC may arrest without warrant a person committing an offence under this section.

There is no obligation for a cyclist to submit to a blood or urine alcohol test.

from Bikeforall.net

Your driving licence cannot be affected by any cycling offences, though many seem to believe it can be.

MattBlackBigBoysBMX

Lord knows what the actual legislation is but driving licences can be revoked for non-motoring offences. I would not be surprised if, like much modern legislation, it is written so openly that technically it (the above circumstance) would be possible.

spen666

MattBlackBigBoysBMX wrote:

Lord knows what the actual legislation is but driving licences can be revoked for non-motoring offences. I would not be surprised if, like much modern legislation, it is written so openly that technically it (the above circumstance) would be possible.

There is a legal power ( virtually never used) to disqualify someone from driving for any offence.

This is not the same as revoking a licence.

The offence of drunk in charge of a pedal cycle does not of itself carry a power to disqualify from driving

pneumatic

I was once at a drinks reception after work, mingling with some folk, as you do. The waiter came around with the wine bottle and asked if anyone wanted a top up. Most people became very solemn and said "Oh no!, I'm driving home." Yours truly piped up merrily that I would definitely have another glass as I was going to be cycling home.

I should have known by his shiny shoes that the bloke next to me had a uniformed job. He put me straight pretty quickly. Yes, if you ride a bike under the influence and show yourself not to be in control of it, they can nick you for it. If you were involved in an accident, I imagine things wouldn't go well for you, insurance-wise.

Never heard of anybody losing a driving licence for riding a bike irresponsibly, though.

I did have a friend who lost his licence in a bike related episode though. He used to live up in the hills and would drive his landrover down a farm track to the main road, take the bike out of the back and cycle to the pub. At closing time, he would cycle back to the landy and drive up the track (not public highway) to his remote house.

Police stopped him one night as he was starting up the vehicle. Breathalised, banned (quite properly, he could have been going anywhere). The curious thing is, nothing was done about the fact that he had cycled all the way across the city after a night out on the beers. :?:

teagar

I had a house party which had to be stopped by the police, and they told every single person as they cycled off that it was an offense to cycle whilst intoxicated (and it was quite a few!), before seeing them all cycle off totally ratted. Did not attempt to stop them or anything like that.

Good party mind. 8)

geerfree

Generally police have more important things to do than charge someone riding a bike! or they say they do anyway..

But it does happen, and if you got into an accident cycling drunk, you could seriously injure yourself not to mention the possible financial risk.

johny c

ahem, :roll:

Before pelters are dispensed, it is with some shame that I tell you this. I was stopped for this offence, but not charged, by Police in Edinburgh in 1976. I was a student at Napier, hnd photography, and had a great evening in Sandy Bell's, near the uni'. Maybe it was the cold night air, whatever, but the polis stopped me as I wobbled up the hill from Colinton village to my flat in Wester Hailes. I wasn't 'steamin' but was well on. They insisted I push the bike the last bit over the hill, but that was it.

pneumatic

Nobody ever leaves Sandy Bell's in a fit state to ride a bicycle. It would be an insult to the landlord's hospitality.

cougie

I did see some drunk wobble out of a side street on a bike, late at night. Obviously the worse for wear. Traffic was stopped at lights, and the guy wobbled into the side of the big blue van in front of me.

It was at this point that they turned their blue lights on. Maybe for the best - it could have ended a lot worse for him.

geerfree

cougie wrote:

I did see some drunk wobble out of a side street on a bike, late at night. Obviously the worse for wear. Traffic was stopped at lights, and the guy wobbled into the side of the big blue van in front of me.

It was at this point that they turned their blue lights on. Maybe for the best - it could have ended a lot worse for him.

A mate of mine was involved in a hit and run a while back while cycling at night so I haven't been riding at night for some time. But when I drive at night, I do notice stupid riders without lights riding on the road somtimes.

Really makes you think if they value their lives.

passout

'Detained' - yes, sued - yes, dead - yes, points on license - no.

Mike Healey

You could always plead not guilty on the grounds that, if you are drunk, you cannot be in charge of a bicycle

spen666

passout wrote:

'Detained' - yes, sued - yes, dead - yes, points on license - no.

Sued? - probably not.
Sueing is a civil action and to be sued you would need to have caused loss to the person doing the sueing.

pneumatic

spen666 wrote:

passout wrote:

'Detained' - yes, sued - yes, dead - yes, points on license - no.

Sued? - probably not.
Sueing is a civil action and to be sued you would need to have caused loss to the person doing the sueing.

e.g. by ploughing into them and vomiting on their shoes? Just a thought.

passout

pneumatic wrote:

spen666 wrote:

passout wrote:

'Detained' - yes, sued - yes, dead - yes, points on license - no.

Sued? - probably not.
Sueing is a civil action and to be sued you would need to have caused loss to the person doing the sueing.

e.g. by ploughing into them and vomiting on their shoes? Just a thought.

That's exactly what I meant! ...Subject to legal action of some type then....I don't know really, the law is just glorified admin. in my eyes.

Tourist Tony

Firstly, "passout".
What an eminently suitable name for this thread......
Secondly, it may have escaped the notice of members here, but a certain pretend policeman in Another Place is advising all his cronies that almost any sort of offence committed either as a cyclist or a PEDESTRIAN acan result in points on your driving licence.
Even if you do not have one.
Now, I know about "ghost" licences. My brother was done for underage TWOCing, and one was created for all the nice points. This pretend copper, though, claims that "jaywalking" (sic) can get you points on a driving licence.
"Pretend".
QED.

Mithras

Tourist Tony wrote:

Firstly, "passout".
What an eminently suitable name for this thread......
Secondly, it may have escaped the notice of members here, but a certain pretend policeman in Another Place is advising all his cronies that almost any sort of offence committed either as a cyclist or a PEDESTRIAN acan result in points on your driving licence.
Even if you do not have one.
Now, I know about "ghost" licences. My brother was done for underage TWOCing, and one was created for all the nice points. This pretend copper, though, claims that "jaywalking" (sic) can get you points on a driving licence.
"Pretend".
QED.

TT
Who and where, I can feel some fun coming on!

Tourist Tony

I have sent you a PM, Mithras. Wiv link an quotes an stuff. You will note his claim that you can get your licence endorsed for shoplifting.

Mithras

Well I have had a look and other than the over use of smileys this bloke (In Gear) seems to be correct in everything he says...
I didn't think he was saying your license could be endorsed for shoplifting or Jaywalking, however he was making the "Theoretcial" point that there are many reasons why the Courts / DVLA could endorse or remove your License other than "motoring" Offences.
As for his claims that he is a Co. Durham Traffic Officer living in Yorkshire, it is palusible as the two counties are right next door.
However he is a self admitted "Traffic Officer" which makes me suspicious of his motives for breathing let alone anything else! Most on the cycling forum of SS seem to be cyclists! I shall continue to monitor!

They're different see....the dark side!

Tourist Tony

I hate to suggest it.....but reading his stuff will send you slightly mad. Like his family.

Mithras

TT
Having read 8) the :shock: posts I :? am 8) inclined to :x agree :P with 8) you!
:oops: 8) :? :shock: :evil: :twisted: :?: :roll: