kevinmarkwhite said:
You do know you can get done for riding a bike whilst over the limit?
oke:
Don't think the 'over the limit' applies but certainly you can be charged if you are drunk.
CYCLING WHILE DRUNK
Cycling is intoxicating, it gives a natural high but it's also a very sociable activity and those who partake in the weekend 'pub run' will 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 your ability to ride home but, despite alcohol's pain reducing effect, it impairs athletic performance so too much booze is bad for biking.
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 rules as motorists, including 'drink drive' rules.
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.
'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.
And here's the rub. If you ride drunk you risk endangering yourself and possibly others by your actions. Would you ride home blindfolded? Beer-googles and bicycles do not mix. And, as stated above, cycling 'dangerously' can be fined by up to £2500.
You can not get endorsements on your UK driving licence for a 'drink cycling' offence. Some US States have such a law so be careful when searching on this topic via Google.
The UK Highway Code - a useful but not a definitive source for UK legislation 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.'
In law, cyclists propel vehicles on the highway and so have to adhere to most of the same rules as motorists. However, the fines and penalties for offences are different. Cyclists DO NOT qualify for three penalty points for failing to comply with a red light. Offending cyclists, when caught, are given a non-endorsable fixed penalty ticket for £30. There are no offences that carry penalty points for cyclists.
However, according to Powers of Criminal Courts (Sentencing) Act 2000 the courts have the power to disqualify a cyclist from driving a car for any offence: "The court by or before which a person is convicted of an offence committed after 31st December 1997 may, instead of or in addition to dealing with him in any other way, order him to be disqualified, for such period as it thinks fit, for holding or obtaining a driving licence."
you'll look back on this day in years to come and laugh.
