Drinking and Cycling (Pedalling pi55d)
Drinking and Cycling (Pedalling pi55d)
Author
Discussion

loskie

Original Poster:

7,094 posts

149 months

Saturday 19th September 2020
quotequote all
Not asking for a "friend"
Not in this predicament.

My mind was wandering this morning when oot with the dug.

If I stupidly rode my bicycle when over the prescribed limit for drink and/or drugs and was stopped by the police.

1: Could they breathalyse me?
2: Is it the same offence as driving over the limit
3: And the most crucial question if found guilty COULD my car licence be revoked?

If yes to 3 then surely that's more unfair on cyclists that have a car licence versus those who don't .

Anyway it was nothing more than pondering.

Graveworm

9,222 posts

100 months

Saturday 19th September 2020
quotequote all
loskie said:
Not asking for a "friend"
Not in this predicament.

My mind was wandering this morning when oot with the dug.

If I stupidly rode my bicycle when over the prescribed limit for drink and/or drugs and was stopped by the police.

1: Could they breathalyse me?
2: Is it the same offence as driving over the limit
3: And the most crucial question if found guilty COULD my car licence be revoked?

If yes to 3 then surely that's more unfair on cyclists that have a car licence versus those who don't .

Anyway it was nothing more than pondering.
1) No
2)It's S30 Road Traffic Act 88. It's not the same as being over the limit it's similar to driving under the influence. (S4 RTA).
3) No

loskie

Original Poster:

7,094 posts

149 months

Saturday 19th September 2020
quotequote all
thanks for that

Truffs

266 posts

167 months

Sunday 20th September 2020
quotequote all
I had a friend who did that, he crashed into the car in front went through the rear window and ended up head first in the back of the car on top of a few infants/young children in baby seats. They wet themselves, he nearly bleed out on top of them.

Mother and insurance company sued his @rse.

He had to emigrate to avoid the debt he got hit with.

Don’t think he got into a lot of bother with the police might be that furious cycling thing but he never mentioned that.

He gave up the booze once out of hospital and said everytime he fancied a drink he just looked in the mirror at all his scars.

Welshbeef

49,633 posts

227 months

Sunday 20th September 2020
quotequote all
But he skipped the country like a weasel not manning up to the punishment £.

anonymous-user

83 months

Sunday 20th September 2020
quotequote all
You could be done for cycling while under the influence of alcohol or drugs (£1K fine, potentially) but it's not a driving offence, so has no impact on your license.

I've always thought it would be tricky to pursue, as plod can't breathalyse you. So you could have say three pints (or enough to be over the drink drive limit but not *obviously* drunk) and if you're not breaking any rules of the road I'm not sure what they'd do (or would want to do) - it would be easier for them to politely/firmly suggest you walk your bike home than try to prove intoxication.

Obviously if you've fallen in the gutter because you'd had nine pints and were trying to eat your kebab and cycle at the same time it's going to be easier to prove intoxication.

agtlaw

7,402 posts

235 months

Sunday 20th September 2020
quotequote all
loskie said:
Not asking for a "friend"
Not in this predicament.

My mind was wandering this morning when oot with the dug.

If I stupidly rode my bicycle when over the prescribed limit for drink and/or drugs and was stopped by the police.

1: Could they breathalyse me?
2: Is it the same offence as driving over the limit
3: And the most crucial question if found guilty COULD my car licence be revoked?

If yes to 3 then surely that's more unfair on cyclists that have a car licence versus those who don't .

Anyway it was nothing more than pondering.
1) Only if you consent.

2) No, but see s. 30 of the Road Traffic Act 1988.

3) If you mean disqualified then yes. Revocation would result if the ban is 56+ days.


gazza285

11,137 posts

237 months

Sunday 20th September 2020
quotequote all
It's bloody tricky to do, the only time I tried it I wasn't that pissed, but all I could manage was a gentle arc into the nearest inanimate object.

750turbo

6,164 posts

253 months

Sunday 20th September 2020
quotequote all
This is why all cyclists should be Insured.... and Taxed... (Yes I know, I know)

getmecoat

Sorry, couldn't resist it! smile

Bathroom_Security

3,899 posts

146 months

Sunday 20th September 2020
quotequote all
750turbo said:
This is why all cyclists should be Insured.... and Taxed... (Yes I know, I know)

getmecoat

Sorry, couldn't resist it! smile
We should all be insured, i know it would be impossible to police. Many of us are through British Cycling or similar.

I'll ignore the tax comment

Lozw86

903 posts

161 months

Sunday 20th September 2020
quotequote all
If in doubt, walk

anonymous-user

83 months

Sunday 20th September 2020
quotequote all
agtlaw said:
3) If you mean disqualified then yes. Revocation would result if the ban is 56+ days.
How does that work in practise? Why/how does it affect your license?

Foss62

1,991 posts

94 months

Sunday 20th September 2020
quotequote all
doesthiswork said:
agtlaw said:
3) If you mean disqualified then yes. Revocation would result if the ban is 56+ days.
How does that work in practise? Why/how does it affect your license?
It’s because a court can potentially remove a driving licence as a punishment for ANY offence. I imagine this is intended to be used against someone who habitually drives to commit other offences? I doubt if it is often used as a punishment for drunken cyclists - or we would read about it a lot more...

Bigends

6,155 posts

157 months

Sunday 20th September 2020
quotequote all
Foss62 said:
doesthiswork said:
agtlaw said:
3) If you mean disqualified then yes. Revocation would result if the ban is 56+ days.
How does that work in practise? Why/how does it affect your license?
It’s because a court can potentially remove a driving licence as a punishment for ANY offence. I imagine this is intended to be used against someone who habitually drives to commit other offences? I doubt if it is often used as a punishment for drunken cyclists - or we would read about it a lot more...
Found this

Cycling UK explains that “it is true that you can’t have your driving licence endorsed with penalty points because of an offence committed on a bicycle”.

However, the cycling organisation adds that “it’s often overlooked that the court does have a general power under the Power of Criminal Courts (Sentencing) Act 2000 to disqualify anyone from driving, without imposing penalty points, for any offence, including a cycling offence.”


_Hoppers

1,690 posts

94 months

Monday 21st September 2020
quotequote all
I was looking for an article where I recall a chap being banned from driving for being drunk on his electric wheelchair but found this!

https://www.scotsman.com/news/uk-news/man-banned-d...

Cat

3,134 posts

298 months

Monday 21st September 2020
quotequote all
_Hoppers said:
I was looking for an article where I recall a chap being banned from driving for being drunk on his electric wheelchair
Mobility scooters, when used by a person with a disability, are not subject to the majority of the RTA, including drink drive legislation.

Cat

_Hoppers

1,690 posts

94 months

Monday 21st September 2020
quotequote all
Cat said:
_Hoppers said:
I was looking for an article where I recall a chap being banned from driving for being drunk on his electric wheelchair
Mobility scooters, when used by a person with a disability, are not subject to the majority of the RTA, including drink drive legislation.

Cat
Except that "It’s because a court can potentially remove a driving licence as a punishment for ANY offence." which I understood to be the case too. Looks like I'll have to try and find the article!?

donkmeister

12,871 posts

129 months

Monday 21st September 2020
quotequote all
A friend was cycling whilst fist as a part, reached a red traffic light so stopped... But forgot to put his foot down. He fell onto the kerb and broke his leg. The police witnessed the whole thing, and got him an ambulance.
I recall he was let off with a warning, so there was an offence committed.

No idea if there is an attitude test when you are screaming "ouch, i appear to have an extra knee on my left leg" but he's a nice chap so that may have helped.

That happened in Cambridge where there is a lot of drink-cycling...

911gone

207 posts

104 months

Monday 21st September 2020
quotequote all
Cat said:
Mobility scooters, when used by a person with a disability, are not subject to the majority of the RTA, including drink drive legislation.

Cat
Makes sense. Now I know why they get away with doing 50 mph down pavements, or through
shopping precincts.