Drunk in charge of....

[TheLemming]

A question raised on another thread has got me thinking...

Can you be prosecuted / loose licence etc for being drunk in charge of a pushbike? or anything else without an engine for that matter?

[hertsbiker]

Ah, that may have been part of my reply. Yes you can so I've been told. Madcop? wanna enlighten us further please?

Carl

[plotloss]

I think you can be drunk in charge of any form of transport. Push bikes, scooters, skateboards, horses, the lot.

Matt.

[SGirl]

I know you can be charged with being drunk in charge of livestock. You get warned of this if ever you go on a pub ride (pub crawl on horseback!).

[raceboy]

But without any registration marks of any kind on any of the mentioned forms of transport how will plod know who you are?

[relaxitscool]

Yes you can, I've arrested two people for being drunk whilst riding a cycle.

Its actually riding whilst unfit, Section 30 of the Road Traffic Act. It doesn't carry a power of arrest so you have fall back on general powers of arrest (section 25 PACE)to lock people up.

Regards

Rob

[TheLemming]

And this would be dealt with in the same way as if you were caught driving a car over the limit? (loss of licence, fine, endorsement etc)

A horse I could understand, after all, they are big bastards... but a push-bike?

Ah well, at least I know now

[Nacnud]

Hang on....

Q) The horse is sober; what's the problem ?
A) It's a horse

[raceboy]

And of course they've got to catch you A pushbike can go a lot of places you're average patrol car can't, obviously you're abilty to make your escape would depend on your level of drunkeness but I can hardly imagine them scrambling the copter to track you down

[Mr E]

What if you get the horse hammered so it's all over the road, but you're sober?


Lucky horse....

[bobthebench]

Drunk in charge of a push bike is an offence, up to £1000 fine. Strangely though providing a specimen is voluntary, hence rare.

[madcop]

The offence of being in charge of a cycle whilst unfit is covered by Sect 12 Licensing Acts 1872 and not the road traffic acts. carries a fine or 1 months imprisonment
This covers the occasion where the person is wheeling the cycle rather than riding it

Drunk in charge of a carriage is the one that is used which also includes driving a herd of sheep, cattle, horse on any public highway or other public place!

Riding a Pedal Cycle while unfit
Sect 30 Road Traffic Act 1988. Fine only

(1) A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say under the influence of drink or drugs to such an extent as to be incapable of having proper control of the cycle) Is guilty of an offence

You cannot be subject of a breath test as you can for a motor vehicle.

Note the offence does not just cover the road but 'other public place' which can include parks, pub car parks, multi storey car parks, in fact anywhere that is not expressly private.

[craigalsop]

Madcop, so to clarify - are you saying that you cannot lose your driving license for being Drunk on a bicycle?

Also - you can be locked up for pushing your bike while drunk, but not for riding it?

[madcop]

craigalsop said: Madcop, so to clarify - are you saying that you cannot lose your driving license for being Drunk on a bicycle?

Also - you can be locked up for pushing your bike while drunk, but not for riding it?

[TheLemming]

And there is no specified blood alcohol level for this in the same way as driving?

So its completely subjective and down to the opinion of the arresting officer?

*Wonders if its possible NOT to break the law, however inadvertently, while out on the town*

[loaf]

Can you be prosecuted / loose licence etc for being drunk in charge of a pushbike? or anything else without an engine for that matter?

Yes to the first, no to the second (I think).
When my brother was in the RAF based in Honington (around 1984 I think) he was heading home from the pub at about 1am in the morning, pedalling like the clappers to get back on base before his pass expired...apparently there's a decent sized hill not far from the base, and he was heading down it at a fair pace...until he got to the bottom, when he was pulled over by a copper...for exceeding the 30mph speed limit. On his pushbike. When the copper said to him 'do you know how fast you were going' my brother's reply was 'Look at the speedo on the handlebars' to which the copper replied 'there isn't one'. Brett then said 'well how the fk do you expect me to know how fast I was going then, you plank?' To which the copper replied 'Fair enough...but you're still nicked, cos you're drunk'. He got a 20 quid fine but no points; IIRC it's not dealt with under the same rules as driving a car whilst unfit, but I can't remember what the rules are.

[JMGS4]

Just some interesting info from the continent. You can lose your driving license for being drunk on a pushbike or for even being drunk as a pedestrian in Germany and Switzerland. Just to explain their convoluted thiking: you have a license (and are bound by law to have identity with you, so that way out is blocked), therefore you have a responsability to others also taking part in traffic (yes pedestrians and pushbikes are traffic!) therefore you're being irresponsible being drunk, ergo license lost or points!
'kin stupid as far as I can see for pedestrians but I can follow (with difficulty) the pushbike argument especially as the laws have been changed here to say "every driver must drive in a manner to cause (stressed) NO danger to children, pushbikers and pedestrians"

[SGirl]

Nacnud said: Hang on....

Q) The horse is sober; what's the problem ?
A) It's a horse

Sure, but you're in charge. The horse is the mode of transport, you're the brains of the outfit. If you're unable to think clearly you can't control the horse properly. If you're lucky you'll be on a horse that knows its job and will just take you home without mucking around - and if you're not you're putting everyone at risk, especially yourself.

And if you've got enough cash on you to buy enough beer to get your horse drunk as well, you can afford a chauffeur anyway.

[Dr Jekyll]

How do you breathalyse a horse anyway?

[SGirl]

Dr Jekyll said: How do you breathalyse a horse anyway?

Carefully.