| Topic: | Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:A Question About Cyclists and the Highway Code | |
| Posted by: | Gavin Gilbert | |
| Date/Time: | 02/02/10 23:47:00 |
| Under Section 30 Road Traffic Act 1988 "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" However this is a subjective rather than a measured test so there is no need for a breath, blood or urine sample to be requested or submitted. Turning to 'speeding' on a bicycle... the antique offence of 'riding furiously', which originally applied to horse riders, has to all intents been replaced by the offences of Careless or Dangerous Cycling (which one is again a subjective judgement, as it is for motor vehicles). There are few places where speed limits apply to cyclists - Royal Parks such as Richmond being the prime local example - but on the general highway the consensus is that speed limits DO NOT apply to cyclists. Speeding is dealt with under Section 81 of the Road Traffic Regulation Act 1984, which specifies, “drive a motor vehicle”; the act then goes on to define ‘motor vehicle’ as a mechanically propelled vehicle - ergo, not a bicycle. However it obvious that the Careless or Dangerous Cycling offence could still apply. Take the circumstances where a cyclist was doing 30mph (a reasonable speed for a racing cyclist) down Acton High Street during the evening peak in the rain. Within the speed limit for the road, but given the increased stopping distances of a bicycle over a motor car, unreasonable and potentially careless. It's not something I would want to do. Getting a License endorsement for any of the above; there's minor loopholes where points could be applied (Part II, Schedule 2 of the RTRA) without the offender even holding a driving license. However it's exceptionally rare for this to be applied and even then it's only normally used for minors involved in car theft. There's clearly more appropriate legislation for the courts to use. As for running red lights, cycling on the pavement etc - everyone is correct in stating the highway code applies to us, and equally correct in stating that we are forced into this behaviour by poor road layout and stupid half-blind motorists. And stupid half-blind, brain-dead pedestrians ;) |