Drunk in charge of a bicycle?

[midagetrolop]

I watched a programme the other day where a man was knocked off his bike - he had drunk 10 bottles of beer and smoked cannabis, self confessed by the man. Is there any punishment in law for this behaviour? I was quite astonished when he volunteered what he had been drinking and smoking. If he had been in a car he would have been banned and fined, but can you ban someone from riding a bike?

[Graham-W]

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.
As no licence is needed for a pedal cycle it would be impossible to issue a ban.

[Graham-W]

Also found this
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.

[Buenchico]

In law a bicycle is NOT a 'mechanically propelled vehicle', so the rules applying to motorists don't apply to cyclists.

However, in law, a bicycle IS a 'carriage'. So the provisions of the Licensing Act 1872 (as amended) apply:
"Every person who is drunk while in charge on any highway or other public place of any carriage, horse, cattle, or steam engine, or who is drunk when in possession of any loaded firearms, may be apprehended, and shall be liable to a penalty not exceeding forty shillings, or in the discretion of the court to imprisonment for any term not exceeding one month"

Also, the Road Traffic Act 1988 states:
"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, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence". (Sorry, I can't find the penalties which could apply).

However you can't ban someone from riding a bike, as that would (apparently) be an infringement of their human rights:
http://www.mirror.co....ight-115875-22145813/

Chris

[ABerrant]

Schedule 2 of the Road Traffic Offenders Act 1988 lists punishments for traffic offences.

Summary conviction of S.30 RTA 1988 "Cycling when unfit through drink or drugs" has a maximum fine of Level 3 on the Standard Scale (£1000).

[welshlibranr]

A man on a bike has run into me twice, he was riding on the footpath, and had obviously been drinking lots!...........last time I told him that if it ever happens again I will call the police!............my problem is that I don't know who he is or where he lives, and obviously don't have a registration number to give any clue!...........he's a menace!........