WTF Posted May 10, 2009 Share Posted May 10, 2009 one perhaps for J Wright? why is it if you get caught riding a pushbike over the drink drive limit, you get banned from driving?? i can't see how using something that does not need a licence to use can affect your licence for something that does?? and if you get banned in a car, you can still use the roads on a pushbike?? no logic in it?? also if you get caught drink driving, you keep your pilots licence?? Link to comment Share on other sites More sharing options...
Declan Posted May 10, 2009 Share Posted May 10, 2009 I suppose you can't take away a licence for something that doesn't require a licence. I suppose you could issue an ASBO, if they apply here, banning the miscreant from cycling for a time. Link to comment Share on other sites More sharing options...
monasqueen Posted May 10, 2009 Share Posted May 10, 2009 why is it if you get caught riding a pushbike over the drink drive limit, you get banned from driving?? i can't see how using something that does not need a licence to use can affect your licence for something that does?? If the cyclist has a driving licence, then there is logic. They were caught propelling a vehicle (albeit human powered) over the drink/drive limit. If they go on the roads in that condition on a bicycle, then they are potentially putting other road users in danger - they could wobble or fall in the path of a motor vehicle, or wobble into pedestrians - apart from causing themselves damage if they fall off. Link to comment Share on other sites More sharing options...
thebees Posted May 10, 2009 Share Posted May 10, 2009 They make up the laws as they go along, some times you might get your bike confiscated, some you'd be banned from driving for life and other times you would get off with it....depends on how much you can afford to pay an advocate....innit though? Link to comment Share on other sites More sharing options...
WTF Posted May 10, 2009 Author Share Posted May 10, 2009 why is it if you get caught riding a pushbike over the drink drive limit, you get banned from driving?? i can't see how using something that does not need a licence to use can affect your licence for something that does?? If the cyclist has a driving licence, then there is logic. They were caught propelling a vehicle (albeit human powered) over the drink/drive limit. If they go on the roads in that condition on a bicycle, then they are potentially putting other road users in danger - they could wobble or fall in the path of a motor vehicle, or wobble into pedestrians - apart from causing themselves damage if they fall off. i can sort of see that, but IF you don't have a licence and someone does, the person who does gets punished more. your licence allows you drive whatever 'motor' vehicles you are entitled to drive on the public highway, aslong as you haven't used vehicle that requires the licence to be in use, i don't see why they should take your licence. is a push bike a 'vehicle'? what is a vehicle?? if you were on a skateboard should you loose your driving licence?? you could in theory continue to drink and ride a pushbike! they don't ban you from riding a pushbike! if you go down the using a public highway route, anybody walking drunk in the road should loose their driving licence?? what i'm saying is if what you are doing does not require ANY licence, how can it be right to involve an unrelated licence into whatever the offence actually is if you haven't broken the rules of holding the licence in question?? ( can a mod shift this to general chat please?? i posted in the wrong forum, sorry ) Link to comment Share on other sites More sharing options...
John Wright Posted May 10, 2009 Share Posted May 10, 2009 Ok, in for a penny, in for the proverbial. What is more I will type, spell and use grammar correctly, just to show I can. My first reaction was to check the calendar, no it is not 01 04 2009. Then I wondered, perhaps unkindly, what planet OP was from, or what substances he might have consumed recently, then I thought, wind up. s13 RTA 1985 makes it an offence to ride, or be drunk in charge of, a push bike. The sentencing schedule for s13 shows only one penalty, a fine, not exceeding £2,500. So no points, endorsemenst or disqualifications for a drunk bike rider/pusher Cycling itself may be intoxicating, it can perhaps give a natural high but it's also a very sociable activity and those who partake in aweekend 'pub run' may attest that cycling is easier after the odd drink or two. A social tipple, imbibed in moderation - the proverbial swift half - will not lead to a massive impairment in ability to ride home but, despite alcohol's pain reducing effect, it impairs athletic performance so too much booze is bad for biking. In the UK 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. We have the same equivalents. In law a bicycle is defined as a carriage for use on the highway but a bike is not a 'mechanically propelled' vehicles so, in law, cyclists do not have to adhere to exactly the same 'drink drive' rules as motorists. Section 13 Road Traffic Act 1985 (s 30 of the UK 1988 Act) 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, but not England or the IOM 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 in any of the British Isles juriosdictions. 'Road' in the above bit of legislation includes a bridleway so don't think you can get blotto at a country pub and ride home 'off road' without risk. You cannot get endorsements on your IOM, GB or NI driving licence for a 'drink cycling' offence. Some US States have such a law so be careful in Florida. The IOM Highway Code - a useful but not a definitive source for the law on motoring and cycling offences - says the penalty point system is "intended to deter drivers from following unsafe driving practices...The accumulation of penalty points acts as a warning to drivers that they risk disqualification if further offences are committed." Note the word 'drivers.' CYCLING AND DRIVING LICENCE PENALTY POINTS In law, cyclists propel vehicles on the highway and so have to adhere to the same rules as motorists. However, the fines and penalties for offences are different. Cyclists DO NOT qualify for penalty points for failing to comply with a red light, for instance. Offending cyclists, when caught, in UK are given a non-endorsable fixed penalty ticket for £30. Here they will be sent a summons. There are no offences that carry penalty points or disqualification for cyclists. (with apologies) Link to comment Share on other sites More sharing options...
WTF Posted May 10, 2009 Author Share Posted May 10, 2009 ok, why in that case have i read/heard about loss of a driving licence for drunk on a pushbike if the penalties are not 'actually' there?? who's taking the piss in the courts?? i'm forming the impression that a very unliked person who was expected to driving a car home drunk actually used a pushbike and was kangaroo'd with the intent of removing his licence which has set a precedent that is not actually legal even if it is usual practice?? based on your post JW, why don't / haven't those banned appealed to a proper court?? i suppose it stops the prom looking like a velodrome for alcholics on weekend nights though. Link to comment Share on other sites More sharing options...
Slim Posted May 10, 2009 Share Posted May 10, 2009 ok, why in that case have i read/heard about loss of a driving licence for drunk on a pushbike if the penalties are not 'actually' there?? who's taking the piss in the courts?? i'm forming the impression that a very unliked person who was expected to driving a car home drunk actually used a pushbike and was kangaroo'd with the intent of removing his licence which has set a precedent that is not actually legal even if it is usual practice?? based on your post JW, why don't / haven't those banned appealed to a proper court?? i suppose it stops the prom looking like a velodrome for alcholics on weekend nights though. Have you got a link to a specific example of this? Certainly never heard of it myself. Link to comment Share on other sites More sharing options...
WTF Posted May 10, 2009 Author Share Posted May 10, 2009 ok, why in that case have i read/heard about loss of a driving licence for drunk on a pushbike if the penalties are not 'actually' there?? who's taking the piss in the courts?? i'm forming the impression that a very unliked person who was expected to driving a car home drunk actually used a pushbike and was kangaroo'd with the intent of removing his licence which has set a precedent that is not actually legal even if it is usual practice?? based on your post JW, why don't / haven't those banned appealed to a proper court?? i suppose it stops the prom looking like a velodrome for alcholics on weekend nights though. Have you got a link to a specific example of this? Certainly never heard of it myself. not yet, i thought about it after the road tax thread mentioned bikes. i did google to try and find a specific case, but i can only find other forums discussing the same thing. i KNOW that it happened over here a few years back to someone, but can't remember who or when exactly!! a few days should see someone chirp up with an example.... Link to comment Share on other sites More sharing options...
jimbms Posted May 10, 2009 Share Posted May 10, 2009 When you look at it seriously being drunk on a pushbike on a public road can cause other vehicles to have accidents if you are swerving all over the road so in my eyes then yes you should be prosecuted as JW says your are drunk in charge of a vehicle on the public highway Link to comment Share on other sites More sharing options...
alibaba Posted May 10, 2009 Share Posted May 10, 2009 What is more I will type, spell and use grammar correctly, just to show I can. The sentencing schedule for s13 shows only one penalty, a fine, not exceeding £2,500. So no points, endorsemenst or disqualifications for a drunk bike rider/pusher Link to comment Share on other sites More sharing options...
WTF Posted May 10, 2009 Author Share Posted May 10, 2009 When you look at it seriously being drunk on a pushbike on a public road can cause other vehicles to have accidents if you are swerving all over the road so in my eyes then yes you should be prosecuted as JW says your are drunk in charge of a vehicle on the public highway you can do that on foot aswell though. as the post above re quotes, banning isn't in the penalties, but it happens, why??? Link to comment Share on other sites More sharing options...
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